Terms of Service

Last Updated: November 14, 2024

Welcome to DojoSpark! These Terms of Service ("Terms") govern your access to and use of DojoSpark ("Service"), a software-as-a-service platform operated by Shinken Software Inc. ("Company," "we," "our," or "us"). By accessing or using our Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using DojoSpark, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms may be updated from time to time, and your continued use of the Service constitutes acceptance of any changes.

2. Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Service. By using DojoSpark, you confirm that you meet this requirement.

3. Account Registration

You may be required to register an account to access certain features of DojoSpark. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials.

4. User Responsibilities

When using DojoSpark, you agree to:

  • Use the Service in compliance with all applicable laws and regulations.
  • Not attempt to gain unauthorized access to other accounts or networks connected to the Service.
  • Not misuse, disrupt, or harm the Service or attempt to exploit any vulnerabilities.
  • Not share or disclose the information of other users without their consent.

5. Subscription and Fees

The Service may be provided on a subscription basis. You agree to pay any applicable fees as outlined in the Service plan you select. We reserve the right to change our fees and subscription plans with reasonable prior notice.

6. Cancellation and Termination

Cancellation: You may cancel your subscription at any time. Your access to the Service will continue until the end of your billing cycle.

Termination: We reserve the right to suspend or terminate your account or restrict your use of the Service if you violate these Terms, with or without notice.

7. Data Privacy

Your use of the Service is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using DojoSpark, you consent to the practices described in the Privacy Policy.

6. Intellectual Property

DojoSpark, including all content, features, and functionality, is the exclusive property of Shinken Software Inc. or its licensors. You are granted a limited, non-exclusive, and revocable license to use the Service for personal or business purposes as described in these Terms.

9. User-Generated Content

If you upload, post, or share any content through the Service, you grant us a non-exclusive, worldwide, royalty-free, and sublicensable license to use, copy, modify, and distribute your content for the purposes of operating and improving the Service.

10. Third-Party Services

DojoSpark may include links to third-party services or websites. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.

11. Disclaimer of Warranties

The Service is provided "as-is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law, Shinken Software Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use DojoSpark.

13. Indemnification

You agree to indemnify and hold harmless Shinken Software Inc., its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved through arbitration in the Province of Alberta, Canada, except where prohibited by law.

15. Changes to Terms of Service

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the DojoSpark website. Your continued use of the Service after any changes to these Terms constitutes acceptance of the revised Terms.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Email: [email protected]