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Terms of Use of Okaz

Last revised: […], 2021

Application Okaz Inc. (the “Company”) provides services to you through one or more mobile applications, through one or more websites and through related services (collectively and individually the “Services”), subject to the following Terms of Use. Among other things, the Services allow users to send event invitations to their contacts through third-party applications.

Any user of the Services is deemed to have read, accepted and recognized the validity of these Terms of Use, and undertakes to respect them and be bound by them. If a user of the Services does not accept these Terms of Use, they must stop using the Services. The Company may, at any moment and without prior notice, modify these Terms of Use. The users of the Services are asked to check regularly if these Terms of Use have been modified. Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. If you disagree with such changes, you may cease to use the Services at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

These Terms of Use form the full set of rights and obligations between the Company and any user of the Services, and replace any terms or prior provision relating to the use of the Services. No verbal or written declaration from an employee or director of the Company, or any other person, may modify or substitute these Terms of Use.

The Services is managed and fed from a computer located in the province of Quebec, Canada. The content and use of the Services are governed by the applicable laws of Quebec and Canada. These Terms of Use, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws. In the case that any part of these Terms of Use were held to be unlawful, null or unenforceable, this part would be deemed to be divisible from all other provisions of these Terms of Use and would thus not affect the validity or enforceability of these other provisions, which would be interpreted without making reference to the removed section.

Any litigation resulting from or associated to the use of the Services or to these Terms of Use shall be subjected to the exclusive jurisdiction of the courts of the province of Quebec or a federal Canadian court, in the judicial district of Montreal, despite any potential application of the principle of conflicting laws.

Some jurisdictions do not allow Terms of Use to be governed by the laws of a foreign jurisdiction and/or or prohibit the attribution of jurisdiction to a court. Accordingly, applicable laws of Quebec may not apply to you and the foregoing courts may not be the exclusive forum.

In all cases, the application of the United Nations Convention on Contracts for the International Sale of Goods, also known as the Vienna Convention, and any local implementing legislation related to the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

The Services are accessible through the use of the Internet and in standard Internet formats. The Company reserves the right to modify these formats at all times and it is the obligation of the user to procure, at their cost, access to the Internet as well as any software required to access the Services.

Copyright

All articles, texts, illustration, images, photographs, information, audio clips, video clips, software and codes available in the Services (the “Content”), including their arrangement and compilation, are protected by Canadian and foreign laws, particularly regarding copyright, and belong to the Company, to its affiliated entities, to its licensors or to the person recognized as having provided the content.

You undertake to respect all other copyright statements, notices or restrictions regarding or in the Content that you can access through the Services. The Company grants you a non-exclusive and non-transferable licence for use and display of the Services on your computer, or a mobile device, solely for the purposes of viewing it on a single screen and for copying a single copy of it for backup or printing on paper, for personal and non-commercial use, under the condition that you do not modify the content and that you retain any notices of copyright. Modification, reproduction, distribution, transmission, broadcast, representation, sharing on networks, marketing, publication, granting of licence, downloading, creation of derived works, display on the Internet, sale or any use of the Services or the Content, including, through storing on a proxy server, framing or similar means, are prohibited.

All software integrated into the Services or found there, particularly but not limited to, any type of source code, and all files or images contained or generated by this software, are protected by copyright and may be protected by other rights. All such software belongs to the Company, to its affiliated entities or to its licensors.

Unless clearly provided otherwise in the Services, no element in the Services shall be interpreted as conferring on you a right, a title, an interest or any other licence in the software integrated within the Services or that can be downloaded from the Services, including, specifically, any form of intellectual property right in the software.

License

Subject to these Terms of Use, the Company hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (i) install the mobile app on one mobile device and (ii) use the mobile app for your own use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the mobile app for another device on which you also agreed to these Terms of Use. Each instance of the Terms of Use that you agree to in connection with downloading a mobile app grants you the aforementioned rights in connection with the installation and use of the mobile app on one device.

The Company may offer the mobile app through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such mobile app through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Use are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

Apple-Enabled Software: With respect to mobile apps that are made available for your use by the Company in connection with an Apple-branded product (such mobile apps, “Apple-Enabled Software”), in addition to the other Terms of Use set forth in these Terms of Use, the following Terms of Use apply:

• The Company and you acknowledge that these Terms of Use are concluded between the Company and you, and not with Apple Inc. (“Apple”), and that as between the Company and Apple, the Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be the Company’s (and its service providers’ and/or licensors’) sole responsibility, to the extent it cannot be disclaimed under applicable law.

• The Company and you acknowledge that the Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to the Company.

The Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software, and that, upon your acceptance of the Terms of Use of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Google-Sourced Software: The following applies to any mobile app from the Company you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Use are between you and the Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Use; (iii) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (iv) the Company, and not Google, is solely responsible for Company’s Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Use; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to Company’s Google-Sourced Software.

Notice Of Claimed Infringement

If you believe your work or content has been copied and posted to the Services in a way that constitutes copyright infringement, please provide the Company with the following written information in accordance with the CanadianCopyright Act:

Trademarks

OKAZ is a Company trademark. Other names, words, titles, phrases, logos, drawings, graphics, icons and marks displayed in the Services may be the Company or third-party trademarks. No item in the Services may be interpreted in such a way as to grant anyone a licence or right to use any the Company or third party logo, drawing or mark.

Minors

If you are under 14 years of age, you are not authorized to use the Services. By using the Services, you represent and warrant that you are 14 years old or older. In addition, if you are under 18 years old, you may use the Services only with the approval of your parent or the person having parental authority. Some features of the Services may not be available to minors or individuals under 16 years old.

Submission of Materials

Unless specific regulations or written procedures by the Company exist in that regard, outlining other Terms of Use, when a user submits messages, data, texts, photographs, images, receipts and other materials to the Company, the user grants the Company a worldwide, unlimited, irrevocable, non-exclusive, perpetual, fully paid-up licence for: i) use, reproduction, storage, adaptation, translation, modification, creation of derivative work, transmission, distribution or provision for public access to what it submitted for any purpose; and ii) granting sub-licences to third parties for the exercise of any of the aforementioned rights.

In addition to the abovementioned licence, under these Terms of Use, the user: i) waives all moral rights regarding its content, ii) consents that its name, address and email address appear regarding its content, where applicable, as well as the sharing or display of this information, iii) acknowledges and agrees that the Company shall not be held responsible for any loss, damage or corruption to its content; and, iv) undertakes and agrees that the items that it supplies for display in the Services or that its provides to the Company shall be considered as non-confidential.

You represent and warrant to the Company that i) your content is original; ii) your content does not infringe any intellectual property rights, including without limitation copyright; iii) you are the sole owner of all intellectual property rights, including copyright without limitation, on and to your content or, where applicable, you have obtained written permission from the owner to provide your content; iv) your content does not infringe the privacy or image rights of a third party; v) your content is truthful, accurate, up to date and complete, to your knowledge; and vi) your content is not illegal in any other way.

The Company has no obligation to verify content present in its Services or that is transmitted to it. The user recognizes, nevertheless, that the Company may at any point verify this content, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Services or for any other reason, at its discretion. The Company reserves the right to modify, refuse or delete any content present in its Services or that is transmitted to it if the Company considers, at its sole discretion, that this content contravenes these Terms of Use.

Integrity and Accuracy of the Information

The Company shall endeavour to ensure that the information and Content made available by the Company in the Services are complete, accurate and up to date. This information and Content come from sources that the Company considers to be reliable, and are regularly updated. However, they may contain inaccuracies, omissions, spelling mistakes or other errors. All images, text, and prices indicated in the Services are based on the most recent information at the time of being placed in the Services.

As a consequence, the Services and all of its Content are made available for users “as is”, without any warranty of any nature whatsoever, express or implied. Without limiting the foregoing, the Company makes no warranty regarding the availability or stability of the Services Content, the possibility to access it, the absence of any virus, or the precision, reliability, accuracy, integrity, exhaustive nature, performance or fitness for a particular purpose of the information provided, including that which relates to partners of the Company, to the legislation or regulation or availability of the services described. The user must take note that the Services is regularly subject to technical maintenance, which may limit or impede access for a temporary or prolonged period.

The Services are accessible by way of the Internet and in standard Internet format. The Company reserves the right to modify these formats at any time and it is incumbent upon the user to obtain Internet access at his or her own cost, as well as any programs required to access the Services. The Company reserves the right to correct any error or change to the Content without prior notice. The Company has full discretion, above and beyond all other rights and recourses at its disposal, without liability, to, in any way, at any time and without prior notice, interrupt or restrict access to any element of its Services.

Non-liability

The Company is providing the Services and their contents on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the Services, the information, content, materials or products, included in the Services. To the fullest extent permitted by law, the Company disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, the Company does not represent or warrant that the information accessible via the Services is accurate, complete or current. The Company will not be liable for any damages of any kind arising out of or in connection with the use of the Services. The Company, their affiliated entities, and partners or licensors are in no way liable for direct or indirect damages, including but not limited to, a loss of revenue, customers or data, due to the use or incapacity to use or have access to the Services or the content and items these may allow access to. This limitation applies whether based on contractual or extra-contractual rights, even if the Company has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for some damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

Upon the Company’ request, you undertake to indemnify and keep harmless the Company, its affiliates, partners, subsidiaries or licensors as well as their employees, contractors, agents and directors, against any liabilities, claims and costs (including legal fees and costs) resulting from your use or errors in the use of the Services. To the fullest extent possible, you accept to cooperate with the Company for its defence in the context of any situation in which you should provide an indemnity.

Interactions with third parties

You agree that you are solely responsible for your interactions with any other user in connection with the Services, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

Links to third-party websites and mobile applications

The Services may contain links to third-party websites and mobile applications (collectively and individually “Third-party Sites”) that will make you leave the Services. The Company supplies these links for your convenience. The Third-party Sites are not controlled by the Company and the links cannot be interpreted as an approval or endorsement of their content by the Company. The Company is not responsible for the content of Third-party Sites, for links they contain, for changes made or updates to these sites, or to their terms and conditions, and the Company makes no warranty in that regard. It is the responsibility of users to be aware of the terms and conditions of use of Third-party Sites.

Acceptable Use and Prohibitions

You agree to not use the Services to:

a. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type; b. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; c. violate any applicable local, provincial, national or international law, or any regulations having the force of law; d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e. solicit personal information from any minors; f. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; i. penetrate, breach, avoid, or otherwise hack the security controls implemented by the Company; or j. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

Your use of the Services must comply with all applicable laws and regulations. You must also comply with the terms of use of any Third Party Sites you access in connection with your use of the Services.

Without limiting the foregoing, under no circumstances may you use the Services to send commercial electronic messages within the meaning of Canada’s Anti-Spam Legislation. Furthermore, you may use the Services to send invitations or other messages only to persons with whom you have a personal or family relationship within the meaning of Canada’s Anti-Spam Legislation.

Termination

The Company reserves the right, at its sole discretion, to terminate your access to all or part of the Services, with or without prior notice, specifically in the case of a breach of these Terms of Use.

Confidentiality

The Company’ Privacy Policy, the content of which is available in the Services, is considered to be an integral part of these Terms of Use.

Questions, comments, suggestions or complaints

If you have any questions or concerns about these Terms of Use, you can communicate in writing with the Company by email or by mail at the contact details below:

Application Okaz Inc.

info@okazapp.com