Terms of Use

Please read the following terms of use carefully (hereinafter “Terms of Use”) of Debutify Inc., a company whose registered office is located at 202-1000, Boulevard Rosemont, in the city of Montreal (h5S 2A1), province of Quebec in Canada (hereinafter “Debutify”).

Debutify operates the current website “https://debutify.com/“ (hereinafter the “Website”). By deciding to use the Website and Debutify’s services, the user, that is to say the end user or the organization you represent or you work for (hereinafter the “User” or the “Users”) accepts without delay all the Terms of Use indicated below that govern the content and the running of the Platform, including the “Privacy Policy” and the “General Sale Terms and Conditions” of Debutify.

These Terms of Use have the effect of legally binding the User and Debutify (hereinafter the “Parties”. The Parties are entitled to invoke this convention and to take all appropriate and necessary measures to enforce it.

The User accepts and recognizes that Debutify has the right, at any moment and without a previous notice, to modify, change or update the Terms of Use.

If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, he must stop using the Platform.

ACCESS AND USE OF THE WEBSITE

If you browse the Website, it means that you have read, understood and accepted the Terms of Use.

The Platform is accessible at all time, from any electronic devices (computer, smartphone, tablet, etc.) and on all browsers.

THE SERVICE

Debutify offers a cloud-based management tool that provides visual themes and adds-on applicable to e-commerce websites such as Shopify.com (hereinafter the “Service”).

The Website is accessible at all times. The Website and Service of Debutify may be temporarily unavailable in case of updates or technical problems. Debutify is not responsible for any interruption of service or updating. Debutify will try to make the updates when the affluence of visits on the Website is at its lowest.

Debutify does not guarantee that the Website, the Service or any portion thereof, will function on any particular hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Debutify reserves the right to add, delete and modify all content, or parts of it, on the Website, except for the specific content of the User. Debutify cannot be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on his account. Debutify does not delete anything unless a User requests it.

The User agrees, non-restrictively, to not:

a) Use the Website in a way that could harm, put out of service, surcharge or jeopardizes the Website;

b) Disrupt the security or otherwise abuse of the Website or any service, system resources, server or network linked to the Website or to platforms affiliated, linked to or accessible from the Website;

c) Disturb or disrupt the use or the enjoyment by other Users of the Website or platforms affiliated or linked to the Website;

d) Download, display or otherwise provide on the Website a virus or any other file or computer program that is harmful, disrupting or destructive;

e) Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Website;

f) Use the Website to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail; and

g) Attempt to obtain unauthorized access to the Website or to certain parts of the Website with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to its use of and its activities on the Website.

USER DATA

By using Debutify, you acknowledge and agree that Debutify’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

INTELLECTUAL PROPERTY

Unless otherwise stated and excluding content owned by Shopify or by others, Debutify owns all intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property”) related to the Website. The User may not copy or use the material, structure, menu, appearance or characters that appear on the Website without the express consent of Debutify.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of Debutify.

Without limiting their coverage, the Intellectual Property elements belonging to Debutify include, non-exhaustively, the following elements:

- Logos, drawings, graphs, marks (registered or not), symbols, texts, expressions, words as well as the general appearance of the Website;

Unless otherwise stated and excluding content owned by Shopify or by others, any information provided on the Website belongs to Debutify and is protected by the applicable laws. Except when provided otherwise, The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Website.

The User can use the information and the theme itself by visiting our Website only for a commercial use, provided that he indicates on the copies the mentions regarding copyrights as well as the notices and attributions of the respective trademarks. The Terms of Use allow the User to have restricted authorization regarding its consultation, the display on his computer, the download and printing of text or pictures presented on the Platform. This authorization is strictly only for personal, educational uses and commercial purposes only to use the theme and the information on the website for your own benefit but not to transfer or distribute it to others without our explicit written consent. This authorization belongs only to the User and cannot be attributed or transferred to anyone else neither can it be subject to a sublicence. The code, pictures and the text contained on the Website that are downloaded, copied, saved or printed are still subject to the Terms of Use. The User himself needs to assure itself that all the notices regarding copyrights and trademarks are still on them. The Website’s content can be modified at all times without warning.

THEME LICENSE

We allow our users to use the theme under proprietary software license which is a non-free license, for which we reserve the exclusive rights to use, modify, share to whom and however we want. You cannot at any time distribute the theme or any part of it to others for commercial purposes, if you do so you are violating the terms of this agreement and we are entitled to exercise all rights provided herein or granted by law, including recovery of damages.

For further information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact us at the following e-mail address: legal@debutify.com.

Nothing contained herein shall be interpreted as conferring any licence or any kind of right to the User under copyright or trademark's laws.

Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Website can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.

The content created, imported, submitted or stored by the User is his property and he is responsible for ensuring that he/she has the rights to use it.

REGISTRATION, USERNAME AND PASSWORD

Some of the functionalities on the Site require a registration or subscription from Shopify’s website. If you decide to register or subscribe for those functions, you undertake to provide accurate and up-to-date information about yourself, and to promptly update said information, if necessary, in order to ensure that the information remains accurate and complete. You acknowledge that you are responsible for: i) keeping the passwords that you chose or that were assigned to you, ii) for any activity that takes place under your username or password; and iii) for exiting your account after you have finished your session. Furthermore, you undertake to inform Debutify of any unauthorized use of your username or password. If you fail to respect the obligations contained in this article, Debutify will not be responsible for any resulting losses or damages.

PRICE

All the prices are, in the absence of other indications of the contrary, in US dollars. Even if Debutify endeavours to provide with the exact price description, there is a risk of mistakes. Debutify reserves the right to correct the prices and all the erroneous information, to modify the prices of services or any other modification of the hereby by Agreement, at all moments, by respecting the legal provisions and regulations and the terms and conditions of the hereby Agreement. If a price is incorrect, Debutify reserves its rights to cancel your subscription and all the fees charged on your card and Debutify will communicate with you in order to proceed with a new subscription with the adjusted price, or reimburse you according to the legal provisions and regulations and the terms and conditions of the hereby Agreement.

TERMS OF PAYMENT

The terms of payment are determined by Debutify, in its sole discretion. The payment will be transmitted through a Credit card unless another payment method was previously accepted by Debutify. The Credit card has to be accepted and approved by the financial institution providing the Credit card (by the Credit card provider). You have to be the legally authorized person to use the Credit card which will be maintained (use) for tracking purposes.

In consideration for the provision of the Service (except for trial Service), Customer shall pay us the applicable fees per the purchased subscription, as set forth in the applicable order form (the “Subscription Fees”).

You hereby authorize Debutify, either directly or through its payment processing service, to charge such Subscription Fees via your selected payment method, upon due date. Unless expressly set forth herein, the Subscription Fees are non-cancelable and non-refundable. Debutify reserves the right to change the Subscription Fees at any time, upon notice to you if such change may affect your existing subscriptions upon renewal. In the event of failure to collect the fees owed by you, Debutify may, at its sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the account, without notice.

CHARGEBACK

If, at any time, Debutify record a decline, chargeback or other rejection of a charge of any due and payable Subscription Fees on Customer’s Account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the service may be disabled or terminated and such use of the service will not resume until you re-subscribe for any such service, and pay any applicable subscription fees in full, including any fees and expenses incurred by Debutify and/or any third party service for each Chargeback received (including handling and processing charges and fees incurred by the payment processor), without derogating from any other remedy that may be applicable to us under these terms or applicable law.

SERVICE AVAILABILITY

The availability of certain services might be limited. Debutify has the right to modify or restrict the service availability, at all times, without previous notice. If the ordered service is no longer available, Debutify will notify you by e-mail and your order will be automatically cancelled.

CANCELLATION

Debutify reserves its rights to refuse or cancel a subscription, including after the order confirmation, even if the subscription has been charged on your credit card. If your subscription has been cancelled after being charged on your credit card, you will receive the sum fully refunded by Debutify, according to the legal provisions and regulations and the terms and conditions of the hereby Agreement.

REFUND POLICY

Unless expressly set forth herein, the Subscription Fees are non-cancelable and non-refundable.

If you are not satisfied with your initial purchase of a service, you may terminate such service by providing Debutify a written notice, within 30 days of having first ordered such services (the “Refund Period”).

In the event that you terminate such initial purchase of a service, within the Refund Period, Debutify will refund you the subscription fees paid in respect of such terminated subscription, in the same currency Debutify was originally paid (the “Refund”).

The Refund is applicable only to the initial purchase of the service by you and does not apply to any additional purchases, upgrades, modification or renewals of such service. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees, such as wire transfer fees, and Debutify shall not be responsible for any differences caused by change of currency exchange rates or fees that you were charged by third parties. After the Refund Period, the Subscription Fees are non-refundable and non-cancellable.

To the extent permitted by law, if Debutify find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, Debutify reserves its right to reject your Refund request.

NON-REFUNDABLE SERVICES

Certain services such as monthly subscriptions are non-refundable. In such event you shall not be entitled, and Debutify shall not be under any obligation, to terminate the Service and give a refund.

EXTERNAL LINKS

It is possible that by using a link, the User exits the Website to access external content (hereinafter referred to as “External Links”).

The User acknowledges that Debutify has no control over and assume no responsibility for the content, privacy policies, or practices of those External links. Debutify is also not responsible for any direct or indirect damage or consequence regarding the access nor the content of these External Links.

In addition, Debutify does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. Debutify does not guarantee the absence of viruses or any other harmful composites on those websites or on their content.

Debutify also does not guarantee the accuracy of documents available on Internet.

SOCIAL MEDIA

The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Media”).

GENERAL STATEMENT

By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as his parent/legal guardian if he has not reached the age of majority according to his territory or province of residence) agrees to be bound by and to obey the present Terms of Use, Debutify’s privacy policy as well as Social Media providers’ terms and conditions, if any. You although agree that Debutify copy, edit, publish, translate and distribute your commentaries, photos, videos or any other element published on a Social Media, and this without any counterpart.

TERMS OF USE OF SOCIAL MEDIA

Some comments and other elements displayed on Social Media pages may not represent Debutify’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages:

- any defamatory content;
- offensive;
- obscene;
- misleading;
- illegal;
- violating in any other way the rights of others (including privacy rights);
- any advertising content;
- promotional documents or any other form of undesired solicitation;
- any content whose origin or source is falsified;
- any financial or personal information about you or anyone else; and
- any information that Debutify would judge to be a breach or its Terms of Use.

Any information, message, link or item that, according to Debutify, enter in either one of the categories listed above will be deleted without engaging Debutify’s liability.

In addition, Debutify does not assume responsibility for filtering messages posted on Social Media.

Debutify is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social Media.

REVIEWS

The Platform may have certain features allowing the User to submit comments, information, and other materials publicly (collectively referred as “Reviews”) and share such feedback with other Users, or the public. By submitting Reviews through the Website, the User grants Debutify to access, use, copy, reproduce, process, adapt, publish, transmit, host and display those Reviews for any purpose, business, including without limitation, for publicizing and promoting the Service and the User hereby, waves, or to the extent legally prohibited, assigns Debutify any moral rights in the Users Reviews.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

Debutify does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Website. This information is provided "as is" without warranty or condition of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.

Debutify is not responsible for the content posted on the Website by the User and for any damage that may result. Each User is responsible for the content it exchanges on the Website and may not use the Website for purposes contrary to the laws applicable in Quebec and Canada.

When the User is a consumer under the Consumer Protection Act, the Consumer Protection Act does not allow for the exclusion of warranties and Debutify's disclaimer of liability for certain damages. In this case, the User has additional rights and is not subject to the limitations mentioned below.

Debutify shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Website, the information, documents and software contained therein, with their content, even if Debutify has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

As a User, you will indemnify Debutify, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of Debutify, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Website and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.

You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

APPLICABLE LAW AND COMPETENT COURTS

The Website and its content are managed by Debutify from its offices in the province of Quebec in Canada. The Website and its content, these Terms of Use and your use of it are all governed by the applicable laws of Quebec and Canada, without giving effect to any principle relating to the conflict of laws.

You agree that all issues and disputes concerning the Website and your use of it should first be brought in front of a mediator and, in the absence of compromise, decided by the courts of the province of Quebec.

In addition, any court decision that any provision of these Terms of Use is void or unenforceable has no effect on the other clauses.

AMENDMENTS TO THESE TERMS

Debutify occasionally updates these Terms. Continued use of Debutify’s Website and Service constitutes the User’s agreement to these Terms and to its updates.

Debutify reserves the right to modify or supplement these Terms at any time, at its sole discretion and without notice.

If you object to any changes to these Terms, please cease all use of the Website. Debutify will attempt, as much as possible, to inform Users of any changes to this Policy, However, it is the User’s responsibility to review it regularly to be informed of any changes that may be made.

CONTACT

If you have any questions or comments regarding any content of the Platform, please contact us at legal@debutify.com.

Last update done the April 20th, 2021.

CHANGELOG

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28 July, 2018: Updated to reflect current product offerings

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10 October, 2019: Updated to reflect current product offerings

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16 November, 2019: Updated to reflect current product offerings

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26 February, 2020: Updated to reflect current product offerings

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7 July, 2020: Updated to reflect current product offerings