VoodooSky Terms
Last Updated February 2024

1. Use of VoodooSky’s Platform
Age Restrictions.

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations, and warranties contained in the Terms on the Minor’s behalf.

1.2. Platform Account Ownership.

Platform Account Ownership. Your use of the Platform is contingent upon providing complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or for use in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, you are the owner of the Platform Account unless you are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these terms.

1.3 Intended Use

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. Additionally, you represent and warrant that:

You and your customers will maintain all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms. You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform. You are fully responsible for the use of the Platform by your customers. You, your employees, agents, and customers will not misrepresent the Platform or the Services. You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform. You own or control all rights in and to all content you provide to [Your Company Name], including any code provided to customize the Platform for your customers. You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform. You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.

1.4 Privacy

By using the Platform and providing Information on or through the Platform, you agree to VoodooSky's use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You acknowledge that VoodooSky is not responsible or liable for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When providing your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing a level of protection at least equal to that provided to you by VoodooSky. You must obtain consent from your customers, affirmatively acknowledging that they agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers' data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

1.5 Login Credentials

You are responsible for maintaining the confidentiality of your Login Credentials. You are also responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to promptly notify VoodooSky of any unauthorized access to or use of your Platform Account or Login Credentials, or any other breach of security. VoodooSky reserves the right to disable your Login Credentials at any time in its sole discretion for any reason or no reason, including if, in VoodooSky’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. It is your obligation to take preventive measures to prevent unauthorized users from accessing your Platform Account with your Login Credentials.

1.6 Use of Communication Services

The Platform may offer various communications features, such as SMS, MMS, email, and voice call capabilities. If you use these features, you agree that you are solely responsible for all communications sent using the Platform, including compliance with all laws governing those communications, such as the Telephone Consumer Protection Act ("TCPA") and the CAN-SPAM Act. You represent and warrant that you understand and will comply with these laws. VoodooSky is not responsible for your compliance with laws and does not guarantee that your use of the Platform will comply with any laws. VoodooSky is a technology platform communication service application provider only. VoodooSky does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email, or otherwise, are created by and initiated by you and/or your customers, whether generated by you or sent automatically via the Platform at your direction.

1.7 Third Party Services

The Platform may utilize or provide access to Third Party Services. VoodooSky is not responsible for the functionality or accessibility of Third Party Services. If you choose to pause or delete some or all of your Platform Account, certain features or functionality (such as VoodooSky phone numbers or email services) may not be recoverable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and VoodooSky is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), VoodooSky reserves the right to release the phone number or delete some or all of your Platform Account at its discretion, without liability. VoodooSky disclaims all liability related to outages or downtime of Third Party Services.

1.8 Third Party Content

The Platform may feature Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely those of the third party and do not necessarily reflect the opinion of VoodooSky. VoodooSky is not responsible for Third Party Content and does not endorse, represent, or warrant any Third Party Content. VoodooSky assumes no liability, obligation, or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content comply with these Terms and any applicable laws.

1.9 Customizations

You have the ability to modify portions of the Platform, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. However, you are solely responsible for any copyright, trademark, or other intellectual property concerns associated with your and your customers' customized look and feel of the Platform. You acknowledge that there may be limitations to customizing the Platform to align with your unique branding to the extent that your customization would appear to be independently developed. VoodooSky reserves the right to remove any of your modifications at any time without advance notice and without liability to you.

1.10 Excessive Use Restrictions.

We provide access to the Platform on a tiered-pricing basis, where some tiers can process more data with less impact on performance. We are not liable for any adverse effects that your excessive data use may have on performance. If, in VoodooSky’s sole discretion, we determine that your data use is excessive, abusive, or negatively affecting the Platform in any way, we may take the following actions:

Require that you upgrade your Services if your data use exceeds the intended use of your existing Platform tier or if VoodooSky’s operational costs to support your Platform usage exceed the subscription price. Suspend or terminate your use of the Platform or Services. Reduce the amount of data available to you

1.11. Platform Updates

VoodooSky retains the right to update or modify the Platform at any time, including changes that may impact the previous functionality of the Platform. By using the Platform or purchasing Services, you agree that your usage is not dependent on VoodooSky delivering or maintaining any specific functionality or feature, including the continuation of any specific Service or third-party services.

1.12. International Use

If you are in an embargoed country or are a sanctioned person or entity, you are not permitted to use the Platform. VoodooSky does not guarantee that materials on the Platform are suitable or available for use outside of Canada or the United States. Individuals who access the Platform from other locations do so at their own risk and discretion. If you choose to access the Platform from outside Canada or the United States, you are responsible for complying with local laws in your jurisdiction, including any regulations related to online product purchases. Any offers for products, Services, and/or information associated with the Platform are void where prohibited.

2. Payment

a. Fees. Your use of the Platform is subject to the timely payment of all Fees. Fees may change periodically. All Fees are exclusive of Communication Surcharges. You are responsible for paying all Communications Surcharges associated with your use of the Platform, which will be displayed as a separate line item on your invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be charged to the credit card we have on file. Subscription fees will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and to notify us of any changes within 10 days of the change.

b. Non-cancellable Fees. Certain Services subscriptions may require a non-cancellable minimum subscription commitment that cannot be terminated until the commitment period is completed. Fees for these non-cancellable minimum subscription commitments will be automatically applied to your bill until the minimum commitment is met.

c. No Mark-Ups. You are not allowed to mark up or increase any VoodooSky Fees that you pass through to your customers or third parties. You are solely responsible for all pass-through Fees and related expenses, including refunds and chargebacks of such pass-through Fees. VoodooSky is not responsible for resolving issues or disputes between you and your customers regarding pass-through Fees.

d. Taxes. You are solely responsible for any taxes and other governmental assessments ("Taxes") related to your use of the Platform, including Taxes associated with transactions you conduct with your customers. VoodooSky may collect Taxes from you as part of the Fees as legally required or as deemed appropriate by VoodooSky, and all determinations regarding which Taxes to collect are final. VoodooSky may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify VoodooSky for all claims related to Taxes associated with your activities on the Platform, including any Taxes related to your transactions with your customers. Taxes are nonrefundable.

e. Overdue Amounts. If, for any reason, your credit card company declines or otherwise fails to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services. We may also require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event that legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

f. Payment Disputes. You must notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. During the dispute resolution process, you must continue to pay all invoiced Fees and charges or you waive the right to pursue the dispute. When disputing any Fees or charges, you must act reasonably and in good faith, and cooperate diligently with us to resolve the dispute. All determinations made by VoodooSky regarding your obligation to pay invoiced Fees and charges are final.

g. No Refunds or Credits. Except as described below, all Fees assessed by VoodooSky are non-refundable. You are solely responsible for any excess Fees incurred due to errors or omissions made by you or a third party. VoodooSky does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, VoodooSky reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason. VoodooSky's determination of if and when to issue or deny a refund or credit is final.

h. Cancellations. You are solely responsible for cancelling Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

i. Your Responsibility for Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

3.Affiliate Program

VoodooSky offers an Affiliate Program where customers can earn commissions for referring new accounts to VoodooSky. Participation in the Affiliate Program is subject to VoodooSky’s approval and your acceptance of the Affiliate Agreement and is incorporated herein by reference. To earn and receive commission payouts, you must establish a payment account linked to your VoodooSky account. Commissions may be forfeited if VoodooSky is unable to submit payment to your payment account for any reason.

4. Prohibited Uses

The following actions are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which VoodooSky may immediately suspend or terminate your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation.Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.Impersonating or attempting to impersonate VoodooSky, a VoodooSky employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.Engaging in any conduct that, as determined by VoodooSky, may harm Platform users or VoodooSky, or expose either to liability.Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.Use of any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without VoodooSky’s prior written consent.Use of any device, software, or routine that interferes with the proper working of the Platform.Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempting to interfere with the proper working of the Platform.

5. Intellectual Property
5.1. Platform Content

The Platform and Platform Content are the property of VoodooSky or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below. Platform Content does not include User Contributions (defined below). VoodooSky grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to you and your customers. Any other use, including reproduction, modification, distribution, transmission, republication, framing, display, or performance of Platform Content without prior permission from VoodooSky is strictly prohibited.

5.2. VoodooSky Marks

VoodooSky Marks are trademarks and service marks of VoodooSky and may not be used without the advance written permission of VoodooSky. This includes using them in connection with any product or service not provided by VoodooSky, or in any manner likely to cause confusion, or in any manner that disparages, discredits, or misrepresents VoodooSky. You may not remove any VoodooSky Marks or other proprietary notices, including attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature VoodooSky Marks, with or without authorization, but such usage of VoodooSky Marks does not constitute or imply any approval, sponsorship, or endorsement by VoodooSky.

5.3. User Contributions

User Contributions are considered non-confidential and non-proprietary. By submitting User Contributions, you grant VoodooSky, our service providers, and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose. You also grant VoodooSky the right to use Your Information and User Contributions to improve the Platform, develop new services, and/or enhance VoodooSky’s overall product offerings and business model.

VoodooSky is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contributions of third parties. VoodooSky is not responsible for any failure or delay in removing User Contributions that violate the Terms. VoodooSky reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above.All of your User Contributions comply with these terms. You understand and acknowledge that you are responsible for the legality, reliability, accuracy, and appropriateness of your User Contributions.

5.4. Prohibited User Contributions

You are prohibited from posting User Contributions on the Platform that:

(i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or include graphic descriptions of sexual or violent content;

(ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise;

(iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or

(iv) Breach the security of, compromise, or otherwise allow access to secured, protected, or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform account.

5.5. Feedback

If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and VoodooSky has no obligation to use the Feedback. You grant VoodooSky and its designees a perpetual, irrevocable, non-exclusive, fully-paid-up, and royalty-free license to use any Feedback you submit to VoodooSky without restrictions, payment, or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of VoodooSky or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to VoodooSky, and neither your disclosure of the Feedback nor VoodooSky's review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, you are required to disclose that fact to VoodooSky before or at the time of submitting the feedback.

5.6. Feedback Waiver

You hereby irrevocably release and forever discharge VoodooSky from any and all actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against VoodooSky with respect to the Feedback, including without limitation how VoodooSky directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at VoodooSky's option and at your sole expense) to defend, indemnify, and hold VoodooSky harmless from any and all actions, claims, liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines, or expenses, including reasonable attorneys' fees, which VoodooSky may incur as a result of the use of the Feedback in accordance with these Terms.

6. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during a one (1) month period before the act giving rise to the liability.

IN NO EVENT SHALL VOODOOSKY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA, OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD-PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR THIRD-PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD-PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

You agree to defend, indemnify, and hold VoodooSky harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any VoodooSky property by you, your employees, agents, or customers; (d) any negligence, gross negligence, or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email, or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.

If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform.

7. Disclaimers 

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT VOODOOSKY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT VOODOOSKY IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

VOODOOSKY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

8. Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to VoodooSky for which monetary damages would not be an adequate remedy, and VoodooSky shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

10. Waiver And Severability

You agree that a breach of these Terms will cause irreparable injury to VoodooSky for which monetary damages would not be an adequate remedy, and VoodooSky shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

No waiver by VoodooSky of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of VoodooSky to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.

11. Change of Control

VoodooSky may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without VoodooSky’s prior written consent, which may be withheld at VoodooSky’s sole discretion.

12. Entire Agreement

Except as otherwise specified below, these Terms constitute the complete and exclusive agreement between you and VoodooSky regarding the Platform, supplanting all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, concerning the Platform. These Terms cannot be modified, supplemented, or amended by any additional document unless signed by an authorized representative of VoodooSky.

VoodooSky may also enter into a separate agreement with you. The terms of any such separate agreement will be considered part of your overall agreement with VoodooSky. In the event of a conflict between these Terms and the terms of your separate agreement with VoodooSky, the terms of your separate agreement will prevail.

13. Term and Termination

These Terms will continue to be valid and effective as long as you maintain a Platform Account. Certain sections of these Terms, which are meant to survive the termination of your Platform Account, will remain enforceable even after you cease to be a Platform user.

a. Termination Policy: VoodooSky reserves the right to suspend or terminate your access to the Platform, or any part thereof, at its sole discretion, with or without notice, and without any liability to you or any third party for any resulting claims, damages, costs, or losses. Any suspected fraudulent, abusive, or illegal activity may result in the termination of your access to the Platform, with possible reporting to the appropriate authorities. VoodooSky also reserves the right to delete Platform Accounts that have been inactive for at least one (1) year.

b. Service Termination: Upon termination, regardless of the reason, your right to use the Platform will cease immediately. VoodooSky is not responsible for any claims for damages arising from such termination or suspension, or any other actions taken by us regarding your Platform access.

c. Termination Process: To terminate your access to the Platform or make adjustments, written notice must be provided to VoodooSky at least 30 days before your next billing date.

d. Third-Party Termination: Users who have been granted access to the Platform by a third party must contact the original provider of access for inquiries related to termination.

e. Force Majeure: We shall not be liable for non-delivery or delay in delivery of the Platform or any associated product or service due to events beyond our reasonable control, including but not limited to: labor disturbances, war, fire, accidents, adverse weather, inability to secure transportation, governmental acts or regulations, and other similar causes or events.

a. Termination Clause: VoodooSky retains the right to suspend or terminate your access to the Platform, or any part thereof, at its discretion, with or without notice, and without any liability to you or third parties for resulting claims, damages, costs, or losses. Any suspected fraudulent, abusive, or illegal activity may lead to the termination of your Platform access, potentially resulting in reporting to the relevant authorities. Additionally, VoodooSky may delete Platform Accounts that have remained inactive for at least one (1) year.

b. Service Cessation: Upon termination, regardless of the reason, your right to use the Platform will cease immediately. VoodooSky is not liable for any claims for damages arising from such termination, suspension, or other actions taken by us regarding your Platform access.

c. Termination Procedure: To terminate your access to the Platform or make adjustments, written notice must be provided to VoodooSky at least 30 days before your next billing date.

d. Third-Party Termination: Users granted access to the Platform by a third party must contact the original access provider for inquiries related to termination.

e. Force Majeure: We shall not be responsible for non-delivery or delayed delivery of the Platform or any associated product or service due to events beyond our reasonable control, including but not limited to: labor disturbances, war, fire, accidents, adverse weather, inability to secure transportation, governmental acts or regulations, and other similar causes or events.

14. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the Province of Alberta will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the Canadian Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Calgary, Alberta. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

15. Communications and Contact Information

All notices to a party shall be in writing and shall be made via email. Notices to VoodooSky must be sent to [email protected]. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective upon receipt.

VoodooSky may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from VoodooSky, you can click on the “unsubscribe link” provided in such communications or contact us at [email protected].

When you create a Platform account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. VoodooSky will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from VoodooSky, do not respond to the email and notify VoodooSky by emailing us at [email protected].

16. Definitions

16.1. “Communication Surcharges” refer to any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.

16.2. "Feedback” refers to ideas provided to VoodooSky regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to VoodooSky’s business.

16.3. “Fees” encompass any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

16.4. "VoodooSky Marks” include the VoodooSky name and related logos and service marks of VoodooSky.

16.5. “Information” denotes data about You and Your customers that VoodooSky collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

16.6. “Login Credentials” consist of the username and password used to access your Platform Account.

16.7. “Platform” encompasses any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through VoodooSky’s website or mobile application.

16.8. “Platform Account” refers to the account you created in order to access and use the Platform.

16.9. “Platform Content” includes content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.

16.10. “Prohibited Conduct” includes the behaviours described in Section 3.

16.11. “Services” encompass the variety of product integrations and services that VoodooSky makes available on the Platform. Services may include Third Party Services.

16.12. “Sub-Account” refers to a subscription for one business under a Platform Account.

16.13. “Third Party Content” includes content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

16.14. “Third Party Services” encompass any Services or other services owned and provided by a third-party vendor that VoodooSky makes available to You as a Service on or through the Platform.

16.15. “Training” includes any training, information, or suggested usages conveyed by VoodooSky about the Platform.

16.16. “User Contributions” refer to content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to VoodooSky directly.

16.17. “You” or “you” or any derivatives thereof refer to the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.