This agreement is a binding legal agreement between MAPIX. (“Mapix”, “we”) and an individual user (“you”) of the of the platform solution offered by Mapix (the “Platform”).
The Platform is subject to additional terms and conditions set forth in the license agreement between Mapix and its Client (in most cases your employer) authorizing you to use the Platform (“Client”). You represent and warrant to us that you are authorized by our Client to use the Platform.
If you have any questions, comments or feedback, please do not hesitate to contact Mapix:
MAPIX
1050, Côte du Beaver Hall, #1500
Montreal (Quebec) Canada H2Z 0A5
info@mapix.io
The platform allows you to manage real estate, namely, market properties, sell and rent properties, search for potential buyers and lessors, obtain statistics and reports, and other features included in the plan chosen by our Client (the “Plan”), as the case may be (the “Purpose”).
Mapix remains the sole and exclusive owner of all right, title and interest in and to the Platform, including all intellectual property rights therein. Mapix hereby grants you a limited, revocable, non-sublicensable, non-exclusive, non-transferable right to use the Platform for the Purpose, only as authorized by our Client, subject to the terms and conditions of this agreement, and to the terms and conditions of our agreement with our Client.
Mapix also grants you the right to reproduce the material and documents available online relating to the use of the Platform (the “Documentation”) for the sole purpose of helping you use the Platform in accordance with this agreement.
The Platform and Documentation are licenced, not sold or assigned. This Agreement does not grant you any rights to (i) the source code, object code or any other embodiment of the Platform and (ii) Mapix’s trademarks and logos. Mapix reserves all rights not expressly granted under this agreement.
You may not:
This agreement does not entitle you to any technical support or other professional services from Mapix. Mapix’s obligations regarding technical support, if any, are covered in its agreement with its Client.
You acknowledge that Mapix is authorized to copy, adapt, broadcast, modify and otherwise use in any way (“Use”) any content, works or materials that you create using the Platform or post to the Platform (“Content”). To the extent that you own any rights in or to Content, you grant Mapix a universal license, without any restriction and royalty-free, to Use the Content and you irrevocably waive any moral or attribution rights that may exist with respect to your Content. You warrant that Mapix’s Use of your Content for the Purpose will not infringe on the intellectual property rights of third parties.
To the extent that any Content incorporates your image or likeness, you waive any right to oppose the use of your image or likeness for the Purpose.
You acknowledge and agree that Mapix is the sole owner of the Platform and Documentation, including improvements made based on the feedback you may provide about the Platform or Documentation (“Improvements”). You hereby agree you will make no claims of intellectual property rights to such Improvements or to such modified Platform, programs, data structure or other intellectual property created pursuant to Improvements, and where Mapix is not by law the first owner of such Improvements, you hereby assign and transfers to Mapix any and all right, title and interest you have or may have in the Improvements.
Although Mapix wishes to make the Platform always available, we cannot guarantee that you may have access to the Platform without interruption. We may disable the Platform from time to time. The Platform may also be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Mapix shall not be liable if all or any part of the Platform is unavailable at any time, for any period of time. Pair It cannot and do not make any representations or warranties with respect to the devices you use to access or use the Platform, including with respect to device compatibility.
To the fullest extent permitted by law, In no event will Pair It be held liable to you for any loss or damage, direct or indirect, consequential or incidental, resulting from your use of the Platform and documentation, your inability to use the Platform or documentation or any issue related to access to a Wi-Fi or wireless network, including, without limitation, the loss or alteration of data or loss of profit. This exclusion of the liability of PAIR IT will prevail even when you advise of the possibility of such damages or losses.
THE PLATFORM AND DOCUMENTATION ARE PROVIDED TO YOU "AS IS" AND PAIR IT MAKES NO EXPRESS WARRANTIES TO YOU AND DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO PLATFORM AND DOCUMENTATION.
YOU ACCEPT RESPONSIBILITY FOR THE USE OF THE PLATFORM AND THE RESULTS OBTAINED THEREFROM. YOU AGREE THAT, AS PART OF YOUR USE OF THE PLATFORM, YOU ARE RESPONSIBLE FOR ANY DIRECT AND/OR INDIRECT CONSEQUENCES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM.
You agree to indemnify and hold harmless Pair It and its affiliates, employees and representatives for any damages or losses (including reasonable legal counsel fees and expenses) arising from your use of the Platform in breach of this agreement.
You acknowledge that Pair It may monitor your use of the Platform for security purposes, to improve the Platform, for the Purpose and of other purposes determined by its Client.
You agree that Pair It may from time to time collect information or data from you and use such data in compliance with Pair It’s Privacy Policy.
Export laws and regulations of Canada and any other relevant local export laws and regulations may apply to the Platform. In such case, you agree that such export control laws govern your use of the Platform (including technical data) and any services deliverables provided under this Agreement, and you agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from the Platform and Documentation will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws.
This agreement shall continue until (i) it is terminated by Pair It in accordance with the agreement between Pair It and its Client, or (ii) it is terminated by the Client or the Client no longer authorizes you to use the Platform.
If you breach any of the terms and conditions of this agreement, this agreement and your right to use the Platform shall be automatically terminated.
Upon termination of this agreement, you undertake to discontinue your use of the Platform and the Documentation and to destroy any copies made by you, as the case may be. The undertakings, covenants or obligations set forth in Sections 5, 8, 9, 10, 11, 14 and 15 shall survive the termination of this agreement indefinitely.
If Mapix fails, at any time during the term of this agreement, to insist upon strict performance of any of your obligations under this agreement, or if Mapix fails to exercise any of the rights or remedies to which it is entitled under this agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
This agreement is governed and will be construed in accordance with the laws applicable and in force in the Province of Quebec, Canada. Any dispute between you and Mapix regarding this agreement shall be brought exclusively before the competent courts of the Province of Québec, sitting in the district of Montréal.
The parties confirm hereby that they each require that this agreement and all documents and notices in connection therewith be drawn up in English. Les parties reconnaissent par les présentes que chacune d’elles a exigé que cette convention et tout document ou avis y afférent soient rédigés en anglais.