LeXtudio Inc. Customer Support Service Agreement

Note

You should read and print this service agreement for your records.

This service agreement (“Service Agreement”) applies to Support Services (defined below) and is entered into by and between the customer using the Support Services (“you” or “your”) and LeXtudio Inc. (“we,” “us” or “our”) (you and us, each, a “Party” and, collectively, the “Parties”).

By purchasing or using the Support Services, you accept this Service Agreement.

LeXtudio Inc. reserves the right at any time in its sole discretion to change the Support Services and this Service Agreement. If changes increase the price or materially decrease the level of Support Services purchased, 30 days’ email notice will be provided. Your use of the Support Services after the effective date of any change constitutes your acceptance of the changed Support Services and Service Agreement.

ALL LIMITATIONS OF REMEDIES AND DISCLAIMERS OF WARRANTIES, CONDITIONS AND LIABILITY FORM AN ESSENTIAL BASIS OF THE PARTIES’ AGREEMENT.

THE SUPPORT SERVICES ARE GOVERNED BY THIS SERVICE AGREEMENT, AND NOT BY ANY OTHER SERVICE AGREEMENT WITH LEXTUDIO INC.. YOU REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND THAT YOU HAVE READ AND UNDERSTAND ALL THE PROVISIONS OF THIS SERVICE AGREEMENT.

Support Services

LeXtudio Inc. Customer Support Service connects you with support agents for help with a suite of LeXtudio Inc. support-related tasks (“Support Services”). Support Services may be included as part of your validly licensed LeXtudio Inc. product or purchased (e.g. as a one-time pay-per-incident service (“PPI Service”), or a subscription programme), and professional services (i.e. support or consulting) offered or provided to enterprise customers.

  1. Consent for Remotely Based or Data-Connected Services. The software used with the Support Services may connect to LeXtudio Inc. and other service providers over a data connection (e.g. the internet or a wireless carrier). In some cases, you will not receive a separate notice when they connect. By using the Support Services, you consent to the transmission of information via the Support Services.

  2. Misuse of Remotely Based or Data-Connected Services. You may not use the Support Services in any way that could harm LeXtudio Inc., its affiliates or any other service provider or any computer network or system or impair anyone else’s use thereof. You may not use the Support Services to try to gain unauthorized access to any service, data, account or network by any means.

  3. Cooperation and Supportability. LeXtudio Inc.’s ability to deliver the Support Services depends upon your full and timely cooperation as well as the accuracy and completeness of any information you provide. You must have an eligible device and validly licensed LeXtudio Inc. software that meet(s) the applicable minimum requirements for supportability described in the LeXtudio Inc. Lifecyle Policy before LeXtudio Inc. can provide the Support Services. LeXtudio Inc. reserves the right to cancel the Support Services and/or provide a refund due to problems with your device, your system requirements, or configuration, or for any other reason beyond our control that makes providing the Support Services impossible or impractical.

  4. Subscription. The Support Services may be available through a subscription program in your region. If you enroll in a subscription program for the Support Services, the subscription is valid only under your LeXtudio Inc. customer account that is associated with the subscription for the LeXtudio Inc. software devices. To enroll in and use your Support Services subscription, you will be asked to validate your LeXtudio Inc. customer account ID. You may not share or sell your subscription. You are responsible for any activities that occur under your subscription.

  5. PPI Service. Support Services may be available as a one-time pay-per-incident service (“PPI Service”) for a one-time support service on an individual device for a fixed fee.

  6. Data Backup. You understand that data can be inadvertently lost, corrupted or breached, and agree that you are wholly responsible for the backup of any and all data, software, information or other files stored on your device, including all disks and drives, or other associated devices (collectively, “Your Data”) before receiving the Support Services. You further understand and agree that LeXtudio Inc. may need to transfer Your Data, including any confidential, proprietary and personal information stored on your device, to third party service providers in order to perform the Support Services. Any transfer will be done in accordance with our Privacy Statement. To the maximum extent permitted by law, LeXtudio Inc. is not responsible or liable for any disclosure, loss or corruption of Your Data.

  7. Remote Access. To provide the Support Services, LeXtudio Inc. may be required to connect remotely to your device, which allows us to access and control your device, view your device screen, install software and change settings on your device. We may ask you to download or accept LeXtudio Inc. or third-party software licensing terms to establish the remote connection. You are responsible for any download charges that may apply and for paying the fees charged by your data connection provider(s) (e.g. via internet, or Wi-Fi or wireless carrier). Those fees are in addition to any fees you pay us for the Support Services and we will not reimburse you for them.

    We may run diagnostic tools on your device to determine whether it meets the minimum system requirements for us to perform certain Support Services, such as upgrades. You must agree to this step for us to provide those Support Services. If we are unable to establish a remote access connection to your device or complete any of the above steps, we may not be able to provide Support Services.

  8. Software Installations/End User License Agreements/Authority. If the Support Service includes software installations, regardless of whether the software is provided by LeXtudio Inc. or a third party software provider, you must have your software and software product keys available before installation. By providing LeXtudio Inc. with information, software or applications to install or transfer on your behalf, you represent that you have the right to authorise LeXtudio Inc. to take such action. You understand and acknowledge that LeXtudio Inc. may need to accept End-User License Agreements (“EULAs”) on your behalf for such software installations and you agree to comply with any EULAs. If you request installation of software from a third party software provider in connection with the Support Services, we will give you the opportunity to review the corresponding EULA; you assume sole responsibility if you decide not to review it. You understand and agree that LeXtudio Inc. does not control the terms of any third party EULAs and will not review such EULAs prior to accepting them on your behalf.

  9. Support Services Subscription Cancellation. You may cancel your Support Services subscription by contacting a LeXtudio Inc. support agent. When your subscription is automatically near the end of its existing term, you must cancel the subscription at least 3 days before the billing date to avoid a charge for the next period. The billing date is the anniversary of your initial enrollment date. You may review your billing and initial enrollment dates at LeXtudio Inc. customer account.

    LeXtudio Inc. reserves the right, in its sole discretion, to terminate your subscription for Support Services without notice if your payment is not made on time, you violate this Service Agreement, or we determine that the subscription was used by someone else or for support on someone else’s device. We may also terminate the Support Services or your subscription if we determine that you are ineligible to receive the Support Services.

Payment, Billing, Refund

  1. Payment and Account Information. To purchase a PPI Service or a Support Service subscription, you must provide a payment method and necessary information (e.g. credit card or debit or check card number required to purchase the Support Services). We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment. If you purchase a Support Services subscription, you may have it billed to your credit/debit card monthly (if available in your region) or annually until cancelled.

    You agree to permit LeXtudio Inc. to use any updated card or account information your issuing bank or the payment network provides. You agree to keep your billing account and contact information current. Changes made to your billing account won’t affect charges we submit to your billing account before we could reasonably act on those changes.

  2. Billing Information. By providing LeXtudio Inc. with payment information, you (i) represent that you are authorized to use the payment method, (ii) represent that all payment information is accurate, and (iii) authorize LeXtudio Inc. to charge you for the Support Services using your payment method. We may bill you (a) in advance, (b) at the time of purchase, (c) shortly after purchase, or (d) on a recurring basis, for your Support Services subscription. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.

  3. Recurring Billing. Your Support Services subscription will include recurring billing if it is available in your region. If you currently have a Support Services subscription, it will be upgraded to include recurring billing when that feature is made available in your region. But you may choose to ‘turn off’ recurring billing at any time by contacting a LeXtudio Inc. support agent.

    If your Support Services subscription includes annual recurring billing, we will inform you by email each year before your billing date. Once we have informed you that the subscription will be billed for the next period, we may charge you the then current price for the new subscription term. We will also remind you that we will bill your chosen payment method for the subscription, whether it was on file on the billing date or provided later.

  4. Payment History and Errors. We will provide your payment history if you contact a LeXtudio Inc. support agent. It is your responsibility to review your payment history and notify us of any errors or unauthorized charges. You must contact us within 120 days after any erroneous or unauthorised charge first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the erroneous or unauthorized charge and we won’t be required to correct the error or provide a refund. If LeXtudio Inc. identifies a billing error, we will correct it within 90 days.

  5. Refund. You may cancel your Support Services subscription within 30 days after initial subscription purchase and request a refund if we are unable to resolve your support issue. If you or LeXtudio Inc. cancels your Support Services subscription after the initial 30-day period, we will not refund the amount you paid. If you paid for a PPI Service (not a subscription), you may request a refund within 30 days after your purchase if we are unable to resolve your support issue.

Notices

When you sign up for Support Services and give your email address, you consent to LeXtudio Inc. providing you notifications about the Support Services or information the law requires us to provide to you via that address. Notices emailed to you will be deemed given and received when the email is sent.

No Warranty, Limitation of Remedies

  1. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SUPPORT SERVICES ARE PROVIDED “AS IS” AND LEXTUDIO INC. DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY CONDITION OR QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SUPPORT SERVICES, SOFTWARE, DIAGNOSTICS, OR OTHER MATERIALS OR INFORMATION WE PROVIDE. YOU BEAR THE ENTIRE RISK OF THE SUPPORT SERVICES’ QUALITY AND PERFORMANCE.

  2. LIMITATION OF REMEDIES. If the law provides any implied warranties despite the exclusions and limitations in this Service Agreement, your remedies are limited as determined by us, in the case of Support Services, to either:

    • Re-performance of the Support Services, or

    • a refund of the price you paid (if any) for the Support Services. This is your only remedy for a breach of warranty or condition, even if the remedy fails of its essential purpose.

      Unless the law mandates otherwise, we will determine the order in which these limited remedies are provided. You may have additional consumer rights under the law which this Service Agreement cannot change.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU CAN RECOVER FROM LEXTUDIO INC. ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SUPPORT SERVICES (OR UP TO $5.00 USD IF THE SUPPORT SERVICES WERE FREE); AND

  • NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF YOUR DATA OR LOSS OF BUSINESS, FOR ANY MATTER RELATED TO THIS SERVICE AGREEMENT, ANY SUPPORT SERVICES OR ANY OTHER MATERIALS OR INFORMATION THAT LEXTUDIO INC. PROVIDES, EVEN IF LEXTUDIO INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY WERE FORESEEABLE.

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO EITHER PARTY’S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATION OR THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU ARE RESPONSIBLE FOR YOUR USE OF THE SUPPORT SERVICES AND ARE LIABLE FOR ANY RESULTING DAMAGE THEREFROM TO THE MAXIMUM EXTENT THE LAW PERMITS.

Contracting Party, Governing Law, and Location for Resolving Disputes

You are contracting with LeXtudio Inc., 236 Bowood Ave, Toronto, ON M4N 1Y6, Canada. Ontario province law governs the interpretation of this Service Agreement and claims for breach of it, regardless of conflict of laws principles. The laws of the country where you live govern all other claims, including consumer protection, unfair competition, and tort claims.

Note

Last Updated: Jan 8, 2021