Last updated: Aug 1, 2023

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By utilizing the BigShift ("Service"), you signify your agreement to be bound by the subsequent terms and conditions ("Terms of Service"). BigShift, an affiliate of BIGSHIFT INC headquartered in Toronto ("Company"), retains the right to amend and modify these Terms of Service without prior notice. Any violation of the terms outlined below could result in the immediate termination of your account without any entitlement to a refund.

Account Terms

1. You are solely responsible for upholding the security of your account and password. The Company disclaims any liability for loss or damage arising from your failure to comply with this security obligation.

2. You bear responsibility for all content posted and activities carried out under your account, even if such content or activities are initiated by individuals with separate logins under your account.

3. The Service must not be utilized for any illegal purpose or to infringe upon the laws of your jurisdiction, including copyright laws.

4. During the signup process, you must provide your legal full name, a valid email address, and any additional information as required.

5. Each login is intended for individual use only and is strictly prohibited from being shared among multiple individuals. Separate logins should be established for each user.

6. Accounts established by automated methods or "bots" are strictly prohibited.

7. Creation of multiple accounts by the same user is not permitted.

Payment, Upgrading, and Downgrading Terms

1. Usage of our Services in a free capacity does not necessitate the provision of credit card information. Similar to our paying customers, your data will not be sold.

2. Any transition to a different plan level, whether an upgrade or downgrade, will lead to the application of the new rate at the upcoming billing cycle. Downgrades between billing cycles will not incur prorating.

3. Downsizing your Service could potentially result in the loss of account features or capacity. The Company assumes no responsibility for such loss.

4. All fees do not encompass taxes, levies, or duties imposed by taxing authorities. Payment of such taxes remains your responsibility. The Company, if necessary, will collect and remit these taxes to the respective authorities.

Institutional License

1. Institutional Licenses cater to institutional use and may come with specific features and constraints, as established in a distinct agreement between you and BigShift.

2. If an alternative Terms of Service is established during the procurement of an Institutional License, that agreement supersedes the present Terms of Service.

Personal Use Plans

1. Certain plans, such as the Personal Subscription Plan, are exclusively designed for personal use.

2. Personal use of our Services is restricted to individual, private, and non-commercial purposes. Under no circumstances should our services be employed on behalf of any other person or organization. Your use should not confer benefits to any entity other than yourself.

3. Our services are not intended for use by Instructional Designers, learning technologists, non-teaching staff, or any personnel affiliated with a for-profit organization.

Cancellation and Termination

1. You bear the sole responsibility for canceling your account in accordance with our guidelines. Please note that cancellation requests via email or phone are not considered valid forms of cancellation. The designated cancellation link in the Account section of our global navigation bar must be utilized.

2. Upon cancellation, all content will be immediately inaccessible from the Service. Within 30 days, all content will be permanently removed from active systems and logs. After 60 days, all content will be expunged from our backups, and this information cannot be retrieved thereafter.

3. If you decide to cancel the Service before the end of your current paid month, the cancellation will be implemented promptly, and you will not be billed again. No prorating of unused time in the final billing cycle shall be offered.

4. The Company retains the unilateral right to suspend or terminate your account at its discretion. This decision could result in the deactivation or deletion of your account, loss of access, and forfeiture of content therein. Furthermore, the Company reserves the prerogative to deny service to any individual or entity at any time and for any reason.

Modifications to the Service and Prices

1. The Company reserves the prerogative to modify or terminate any part of the Service temporarily or permanently, with or without prior notice.

2. Prices of our Services are subject to change, and we will provide a 30-day notice of such changes through our website or the Service itself.

3. The Company shall not be held liable to you or any third party for modifications, price adjustments, suspensions, or terminations of the Service.

Copyright and Content Ownership

1. All content posted on the Service must adhere to U.S. copyright law.

2. We assert no intellectual property rights over the materials you upload to the Service. Any materials you upload remain your exclusive property.

3. The Company does not pre-screen content, but it reserves the right (though not the obligation) to reject or eliminate any content accessible through the Service.

4. The visual and functional aspects of the Service are protected by copyright, and any unauthorized duplication, replication, or reuse of HTML, CSS, JavaScript, or design elements is strictly prohibited without express written consent from the Company.

General Conditions

1. Your use of the Service is undertaken at your own risk. The Service is provided "as is" and "as available."

2. Technical support is solely available via email at info@big-shift.ca.

3. The Company utilizes third-party vendors and hosting partners to deliver the requisite hardware, software, networking, storage, and related technology for the Service.

4. The Service must not be modified, adapted, or hacked in any way.

5. Modifying another website to suggest a false affiliation with the Service or the Company is strictly prohibited.

6. Reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Service, its usage, or access without express written permission from the Company is prohibited.

7. The Company reserves the prerogative to remove content and accounts found to be in violation of intellectual property rights or these Terms of Service.

8. Verbal, physical, written, or other forms of abuse directed toward other Service customers, Company employees, or officers will lead to the immediate termination of the account involved.

9. You understand that the technical processing and transmission of the Service, including your content, may entail unencrypted transfers and adaptations to fulfill technical prerequisites of connecting networks or devices.

10. We maintain the right to temporarily deactivate your account if your usage substantially surpasses that of other Service customers. We will communicate with the account owner before taking action, except in cases where high usage could negatively affect Service performance.

11. The Company cannot guarantee that the Service will meet your specific needs, operate without interruption, be timely or secure, or that any errors will be rectified.

12. By using the Service, you expressly acknowledge that the Company will not be liable for direct, indirect, incidental, special, consequential, or exemplary damages. Such damages encompass, but are not limited to, loss of profits, goodwill, data, or intangible losses. This limitation of liability applies whether the Company has been informed of the potential for such damages.

13. The Company's failure to enforce any right or provision in the Terms of Service shall not be considered a waiver of that right or provision. These Terms of Service represent the entire agreement between you and the Company, superseding all prior agreements.

14. For inquiries regarding the Terms of Service, please direct them to info@big-shift.ca.

Continued Commitment

This policy represents the commitment of BigShift to maintaining the privacy and security of your data. It outlines our practices and principles, demonstrating our dedication to ensuring a transparent and responsible experience for our users. We remain steadfast in our endeavor to deliver high-quality service while protecting your rights and privacy. Should there be any additions, updates, or modifications to our practices, we will inform you promptly, demonstrating our ongoing commitment to your data protection and online experience.