Effective Date: April 2025
Thank you for choosing Moxy Technologies inc., a company incorporated under the laws of Québec (Business Corporations Act, chapter S-31.1), with its principal place of business at 13 des Noyers, Granby, Québec, Canada. Moxy Technologies inc. (''we'', ''us'', ''our'') operates a suite of digital products and services, including but not limited to MoxyDraw, MoxyDrawLite, MoxyMailPro, TranslateMyWebsitePro, and the upcoming MoxyFiles (collectively referred to as the ''Services'').
By accessing or using any of our websites, software applications, or platforms, or by interacting with any content or materials made available by Moxy Technologies inc. (the ''Content''), you (''you'', ''user'', or ''visitor'') are entering into a legally binding agreement with us.
These Terms and Conditions of Use (''Terms''), together with our Privacy Policy, constitute the entire agreement (the ''Agreement'') between you and Moxy Technologies inc. You acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement. If you do not agree with any part of the Agreement, you must not access or use our Services or any Content.
Moxy Technologies inc. reserves the right to amend or update this Agreement at any time. Any changes will take effect immediately upon being posted on our websites. It is your responsibility to review this Agreement periodically. Continued use of the Services following the publication of any changes constitutes your acceptance of those changes.
Moxy Technologies inc. is a Canadian technology company offering a range of web-based software solutions designed to support businesses in their operational, marketing, and communication needs. Our current portfolio includes:
These Services are accessible through their respective websites, operated and maintained by Moxy Technologies inc.
Unless otherwise specified, access to our public websites is free of charge. However, some features, modules, or extended functionalities of the Services may require payment, subscription, or registration.
Moxy Technologies inc. aims to provide reliable and user-friendly services. While we strive to maintain uninterrupted and secure access, we cannot guarantee that the Services will always be available, error-free, or free of harmful components. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice due to the ongoing development and improvement of our offerings.
To use our Services, you must be at least the age of majority in your jurisdiction of residence, or have the permission and supervision of a legal guardian. By accessing or using our Services, you represent and warrant that:
We reserve the right to refuse service, suspend accounts, or terminate access at our sole discretion if we determine that a user has violated these Terms or engaged in any unlawful or abusive behavior.
Moxy Technologies inc. provides its Services, websites, and associated Content on an ''as is'' and ''as available'' basis. We make no express or implied warranties, representations, or endorsements of any kind, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
You assume full responsibility and risk for your use of the Services and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of any opinions, advice, services, or other content provided through the Services or accessible via the Internet generally.
Moxy Technologies inc. does not warrant that the Services will be uninterrupted or error-free, or that any defects will be corrected in a timely manner. You are responsible for implementing appropriate procedures and safeguards to satisfy your specific requirements for the accuracy of data input and output, and for maintaining external means for the reconstruction of any lost or corrupted data, including due to viruses or malicious attacks.
You acknowledge that the Internet contains unregulated materials, some of which may be offensive or inappropriate to certain users. Your access to such materials is at your own risk. Moxy Technologies inc. exercises no control over and assumes no responsibility for such content.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
We reserve the right to suspend or terminate your access to the Services without prior notice if, in our sole discretion, you violate these Terms, applicable law, or engage in behavior deemed inappropriate, abusive, or harmful. Such action shall remain in effect for as long as necessary to investigate and resolve the issue.
Some of the services offered by Moxy Technologies inc. are provided on a paid basis. For example:
All prices, billing cycles, and renewal conditions will be clearly displayed at the time of purchase or registration. By purchasing or subscribing to a paid service, you authorize Moxy Technologies inc. to charge the applicable fees to your selected payment method, including recurring charges if you enroll in a subscription.
By purchasing or subscribing to any paid service, you authorize Moxy Technologies inc. to charge the applicable fees to your selected payment method, including any recurring fees where applicable. Access to certain features or services may be suspended or terminated in the event of payment failure or charge disputes.
We reserve the right to modify our pricing and subscription terms at any time. Any changes will not affect existing subscriptions until the next renewal cycle, and you will be notified in advance of such changes.
The Services provided by Moxy Technologies inc. may incorporate or interact with third-party websites, applications, software, or services in order to offer additional functionality, content, or features to users. These third-party services are not owned, operated, or controlled by Moxy Technologies inc.
Moxy Technologies inc. makes no representations or warranties regarding any third-party websites, content, or services that may be accessible through or linked from our Services. Accessing such third-party resources is at your own risk. When you leave a Moxy Technologies inc. website or platform, you acknowledge that:
We encourage you to review the terms and privacy policies of any third-party service before interacting with or submitting any personal data through such platforms.
All content made available through Moxy Technologies inc., including but not limited to text, graphics, software, code, design elements, logos, downloadable files, and documentation (collectively, the ''Content''), is the exclusive property of Moxy Technologies inc. and is protected by applicable copyright laws, trademark laws, and international intellectual property treaties.
You may not modify, copy, reproduce, republish, upload, post, transmit, distribute, or commercially exploit any part of the Content without prior written permission from Moxy Technologies inc. This includes, but is not limited to, the reproduction or redistribution of any code, software (including freeware), documents, or other proprietary materials.
When embedding third-party content into the Moxy Technologies inc. Services or platforms (e.g., video, media, or interactive content), the following conditions must be respected:
Unless expressly authorized by Moxy Technologies inc., you may not use any part of the Content or Services for commercial purposes, including resale, redistribution, or the creation of derivative works. Any unauthorized use constitutes a violation of these Terms and may result in the immediate termination of your access to the Services.
If you print, copy, download, or otherwise reproduce any part of our websites, applications, or materials in breach of these Terms, your right to use the Services will cease immediately, and you must, at our discretion, return or destroy any copies you have made.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services and associated Content solely for your personal or internal business purposes, in accordance with these Terms. This license does not permit commercial exploitation or distribution unless a separate license agreement is explicitly granted by Moxy Technologies inc.
Moxy Technologies inc. does not claim ownership of, nor does it assume responsibility for, any third-party content that may be embedded or linked through its Services. The legal responsibility for the legitimacy of the original communication remains with the third-party content owner.
Moxy Technologies inc. respects and protects intellectual property rights. If you believe that any Content hosted by us infringes your copyright or other intellectual property rights, or if you are the owner of content embedded via our Services and wish to request its alteration or removal, please contact us at:
info@moxytechnologies.com
Please provide sufficient information to identify the material in question and proof of ownership or authorization.
To the fullest extent permitted by applicable law, you agree that your sole and exclusive remedy for any dissatisfaction with the Moxy Technologies inc. Services is to discontinue use of the Services and uninstall any associated software.
While Moxy Technologies inc. may include access to or integration with third-party websites, services, or content, we assume no responsibility or liability for those third-party resources. Your relationship with such third parties may be governed by separate agreements. To the extent permitted by law, your sole remedy with respect to such third-party content or services is to cease use of them.
Under no circumstances shall Moxy Technologies inc., its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of data, or loss of goodwill, arising out of or related to:
Even if Moxy Technologies inc. or its authorized representatives have been advised of the possibility of such damages, we shall not be liable.
Because some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In order to access certain features or services provided by Moxy Technologies inc., you may be required to create an account and provide registration information, including but not limited to your name, email address, and a secure password.
By registering for an account, you agree to the following:
Moxy Technologies inc. reserves the right to suspend or terminate your account, or to restrict access to the Services, if we have reason to believe that:
We are not liable for any loss or damage resulting from your failure to comply with the above obligations. You are solely responsible for backing up your data and securing your systems when interacting with our Services.
You agree to indemnify, defend, and hold harmless Moxy Technologies inc., its affiliates, officers, directors, employees, agents, licensors, suppliers, and third-party service providers from and against any and all claims, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) arising out of or related to:
Moxy Technologies inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.
Either party may terminate this Agreement at any time, with or without cause, and without prior notice.
Moxy Technologies inc. reserves the right to suspend or terminate your access to the Services, in whole or in part, immediately and without notice, if:
Upon termination of this Agreement, your right to access and use the Services will immediately cease. Any provisions of these Terms which by their nature should survive termination shall remain in full force and effect, including but not limited to:
Termination of this Agreement shall not limit any rights or remedies available to Moxy Technologies inc. under applicable law.
Unless otherwise required by mandatory law in a Member State of the European Union or any other applicable jurisdiction, this Agreement — including any non-contractual disputes or claims arising out of or in connection with the Services — shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, without regard to its conflict of laws principles.
All disputes arising out of or in connection with this Agreement, or related non-contractual disputes and claims, which cannot be resolved amicably through negotiation, shall be subject to the exclusive jurisdiction of the competent courts located in the Province of Québec, Canada.
You expressly consent to the jurisdiction of these courts and waive any objections relating to venue, jurisdiction, or forum non conveniens.
Moxy Technologies inc. may assign this Agreement, in whole or in part, at any time without notice, including the right to delegate any of its obligations or transfer any of its rights under this Agreement to an affiliate, successor, or third party.
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement to any third party without the prior written consent of Moxy Technologies inc. Any unauthorized assignment or transfer shall be null and void.
Moxy Technologies inc. shall not be held liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results from causes beyond its reasonable control, including but not limited to:
Such events shall not constitute a breach of this Agreement, and the time for performance of any affected obligation shall be extended accordingly for the duration of the event.
If you have any questions about these Terms or any aspect of the Services provided by Moxy Technologies inc., please feel free to contact us at:
info@moxytechnologies.com
We appreciate you taking the time to read our Terms and Conditions. Have a wonderful, shiny, sunny day — the Moxy way!