Terms of Service
Breez Workforce Management (“Breez”/“we”/”us”/“our”) owns and operates the website located at http://www.mybreezworkforce.com/ (“the Website”), and any subdomains used in connection with or related to the same, and the Breez mobile application (the “App”). These Terms of Service apply to all users of the Website, including users who upload any materials, users who use services provided through the Website, users who download the App and users who simply view the content on or available through the Website (collectively, the “Users” and individually each, a “User”). As used herein, the terms ‘You’, ‘Your’, and/or ‘Yourself’ refer to you, a user/visitor/browser of our Website and App, whether registered under an account or not.
You must be at least eighteen (18) years old to use the Website and App. By using the Website and/or the App you indicate your acceptance of these terms of service. If you do not accept these Terms of Service, then do not use the App or the Website or any of their content or services.
If you are accepting these Terms of Service on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these Terms of Service on behalf such corporation or entity and to bind such corporation thereto.
These Terms of Service may be amended or updated by Breez from time to time without notice and the Terms of Service may have changed since your last visit to the Website. It is your responsibility to review these Terms of Service for any changes. Your use after any amendments or updates of these Terms of Service shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this Website from time to time will be subject to these Terms of Service, unless stated otherwise. You should visit this page periodically to review these Terms of Service.
- The Service. The Breez service enables users to run a mobile service business including without limitation scheduling, time tracking, document submission and employee management, all as further described on the Website (the “Service”) and the underlying hardware, software, network storage and related technology required to run the Service is provided by Breez and its third party vendors and hosting partners.
- Fees, Payments, Refunds, Upgrading and Downgrading. Information on the current fees for users who are registered for the Services can be found in the billing section of your account. If you are a new User or prospective User of the Service and would like more information about our pricing models and products, please see our pricing page, located at https://mybreezworkforce.com/pricing/. From time to time, we may offer a free trial of the Service, in our sole discretion. A valid credit card is required for paying accounts. If you sign up for a monthly paid account, and you don’t cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e. up to and including the last day of your free trial), your access to the Services will terminate, and your credit card will not be charged. The Service is billed in advance on a monthly basis and is non-refundable. If you sign up for an annual paid account, we will bill you for the entire year on the date that you sign up for this account. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of User Content, features, or capacity of your account. Breez does not accept any liability for such loss. If you cancel the Service before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 14 days’ notice from us. Such notice may be provided by email or through an in-App notification.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (the “User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Breez, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Breez does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Breez be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
- Restrictions on User Content and Use of the Service. Breez reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Website, App and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
- modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the App or any software provided as part of the Service or to falsely imply that another website is associated with the Service, Breez or any other Breez service, except to the extent the foregoing restrictions are expressly permitted by applicable law. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Breez) of other Breez customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
- End User License. Except for User Content, the App, this Website, and the information and materials contained therein, are the property of Breez and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Breez grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms of Service gives you a right to use the Breez names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.
- Feedback. If You provide Breez with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service (the “Feedback“), Breez may use such Feedback in the Website, App, Service and/or in any other Breez products or services. Accordingly, You agree that: (a) Breez is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Breez, (c) Breez (including all of its successors and assigns and any successors and assigns of any of the Breez Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Breez Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
- Term, Termination. The term hereof shall begin on the date that comes first among: (i) first access to the Website; (ii) your first access or execution of our Services; or (iii) Breez begins providing its Services to you. The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services or the Website; (iii) Breez ‘s termination of these Terms of Service or the Services, at its sole and final discretion; (iv) the termination date indicated by Breez to you from time to time; or (v) Breez’s decision to make the Website or Services no longer available for use, at its sole and final discretion. Upon expiration of these Terms of Service or termination of your subscription to our Services, you shall thereafter immediately cease any and all use of our Services, along with any and all information and data collected therefrom.
- Advertising. You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Breez shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
- Copyright Protection. For Copyright Takedown Notices and alleged intellectual property rights infringement in the Website, you can get in touch with us as indicated in our contact section. You must notify us of your claim with subject: “Takedown Request”. Once received, we will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, we may delete it, disable or otherwise stop displaying it. Your notification claim must be made in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
- Links & Third-Party Websites and Integrations. The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Breez or may make it possible for you to elect to use third party services with the Service where such third party service providers have integrated with the Service (the “Third Party Integration Partners”). In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Breez of that third party, third party product or service. Breez is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third parties including Third Party Integration Partners. In order to receive access to a Third Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third Party Integration Partner. For certain services offered by Third Party Integration Partners, you will be required to pay a fee to Breez to turn on the third party service. Any third-party websites or services (including those offered by Third Party Integration Partners) are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Breez endorses or accepts any responsibility for the content or use of such websites, and You hereby release Breez from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. While Breez does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party website which contains, posts or transmits any of the prohibited content in Section 6 of these Terms of Service. Breez reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
- DISCLAIMER OF WARRANTIES. Neither Breez, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Website, the App or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Breez or its employees, affiliates, contractors and/or agents shall create a guarantee. The Website, the App and the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
To the fullest extent permissible under applicable law, the Website, the App and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Breez, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the App and Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data.
The entire risk of satisfactory quality and performance resides with you. Breez, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
- LIMITATION OF LIABILITY. In no event shall Breez’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount.
- INDEMNIFICATION. You hereby agree and acknowledge to indemnify, hold harmless, and defend Breez, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Breez’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Breez’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Breez); and/or (ii) any third party claim arising out of or in relation to the Website, the App or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Website, the App or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
- Termination. You are solely responsible for properly cancelling your account. You can cancel your account at any time by calling us and notifying us of your desire to cancel your account. However, please see Section 2 above for details that the effect of cancellation has on your payment obligations. Breez may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or App or portions thereof. Cause for such termination shall include, but not be limited to,(a) breaches or violations of these Terms of Service or any other agreement that You may have with Breez (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Breez), (b) requests by law enforcement or other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities; or (g) verbal, physical, written or other abuse (including threats of abuse or retribution) of any Breez customer, employee, member or officer will result in immediate termination of Your account. Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by Breez in its sole discretion and that Breez shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by Breez shall be in addition to any and all other rights and remedies that Breez may have.
- Availability & Updates. Breez may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, but will endeavor to provide notice of the same. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Breez may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and Breez cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur for example by selecting specific paid features or services. Log-ins are intended for one user only and are not to be shared by multiple users. Breez will not be liable for any loss or damage arising from your failure to comply with these requirements.
- “Confidential Information” means any information, including without limitation, any business, marketing, technical, scientific or other information disclosed by either party and relating to such party’s operations, products, designs, development, users, business, finances, research, know-how or trade secrets, and which is either designated as confidential or which ought reasonably to be treated as confidential information of the party disclosing it. Confidential Information shall include, without limitation, any financial, operational, managerial, technical, marketing and commercial information relating to current or planned software products of the disclosing party. Confidential Information includes not only written information but also information in the cloud, in digital form, in portable drives, orally, visually, electronically, or by other means and any copies thereof.
Neither party shall disclose any Confidential Information to any third party except to its employees, attorneys, tax or accounting professionals who have a legitimate need to know and who have agreed to be bound by the provisions of a confidentiality agreement at least as stringent as the ones herein. Each party shall further protect the Confidential Information to the same extent as it protects its own information of a similar type.
- Representations and Warranties You hereby represent and warrant that, through the simple access to the Website, and any use of our Services: (i) you will comply with all applicable laws, rules and regulations applicable to the use of the Services; and (ii) you will not use the Service to infringe any intellectual property rights of any third party. If you knowingly misrepresent that user generated content disseminated by you via our Services is not infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
- Amendment. These Terms of Service shall not be modified except in writing signed by both parties or by a new posting of these Terms of Service issued by Breez.
- Survival. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.
- No Waiver. The failure of Breez to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Breez must be in writing and shall only apply to the specific instance identified in such writing.
- Assignment. You may not assign the Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Breez’s prior written consent. We may assign these Terms of Service without restriction.
- Force Majeure. We shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
- Headings. The titles of paragraphs in these Terms of Service are shown only for ease of reference and will not affect any interpretation therefrom.
- No Relationship. You and Breez are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
- Trial and Beta versions. We may, in our sole discretion, offer trial Services or beta Services from time to time at no charge. We may discontinue any trial or beta services at any time, with or without notice and without any further obligations to you. We will have no liability for any harm or damages suffered by you or any third party in connection with any trial or beta services.
- Governing Law, Forum. The Terms of Service shall be governed by the laws of the Province of Alberta without regard to choice of law principles. Any controversy, dispute or claim arising out of or related to these Terms of Service shall be held are subject to the exclusive jurisdiction of the competent courts nearest or located in the City of Edmonton, Alberta, Canada. Both parties hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and hereby waive any right to challenge jurisdiction, venue or forum.
If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: firstname.lastname@example.org.
Breez Workforce Management
73 Hillcrest Ave.
Winnipeg MB, R2H 2J2
Date of Last Update: March 6th, 2018