Phleet ("the Company") grants you, the user ("Licensee"), a limited, non-exclusive, and non-transferable license to use Phleet’s SMS messaging platform ("the Platform") during the Beta Phase. This license permits you to access and utilize the Platform solely for your own business purposes and to provide feedback on its performance.
The Platform includes all associated software, documentation, and any updates provided by the Company. All rights, including intellectual property rights, remain with the Company, and this agreement does not convey ownership of the Platform to the Licensee.
This license is personal to the Licensee and is intended solely for use by the purchaser or those specifically authorized under a multi-user license agreement. The Licensee is prohibited from sharing, transferring, or sublicensing this license to any other party.
The Licensee is strictly forbidden from altering, disassembling, or reverse-engineering the Platform or any part of the software.
Non-compliance with these terms or the failure to provide the required feedback during the Beta Phase will be deemed a significant violation of this agreement, which may result in the revocation of access without a refund.
Should any disagreements arise concerning this agreement, they will be resolved through binding arbitration according to the rules of the chosen arbitration body, to be conducted in Quebec. The arbitration will be carried out in English.
In case of any breach of this agreement by Phleet, the Licensee’s exclusive remedy is to terminate this agreement. Phleet reserves the right to revoke access to the Platform, with no refund provided, if the Licensee does not comply with the terms set forth in this agreement or the Terms & Conditions.
Neither party will be held responsible for delays or failures to fulfill obligations if such delays are caused by events outside their reasonable control, including natural disasters, war, or governmental actions. The party affected must notify the other party as soon as possible, detailing the situation and expected duration.
The Platform is provided on an "as is" basis, particularly during the Beta Phase. Phleet’s liability is restricted to the amount paid for the Platform by the Licensee. Phleet shall not be held accountable for indirect or consequential losses, including loss of business profits, data, or any other form of financial loss resulting from the use or inability to use the Platform.
No warranties, express or implied, are made regarding the suitability of the Platform for any particular purpose. Phleet does not guarantee that the Platform will meet all the Licensee’s needs or that its operation will be uninterrupted or error-free, particularly during the Beta Phase.
Phleet warrants that it has the legal right to license the Platform to the Licensee. Phleet also confirms that licensing this Platform does not violate any existing legal agreements.
The Licensee agrees to use the Platform in full compliance with all relevant legal requirements, including laws governing SMS messaging and the use of automatic dialing systems.
Licensee’s Indemnity: The Licensee agrees to protect and compensate Phleet against any claims or legal actions resulting from the Licensee’s misuse of the Platform or failure to comply with legal requirements.