Terms of Service

Terms and Conditions of Use 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. These Terms and Conditions (the “Terms and Conditions“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“, “You“, “Your“, “your“, “user” or “User“) and Truly Legit Inc., and its licensors and affiliates (collectively, “We“, “we“, “Us“, “us“, “Our“, “our” or “Truly Legit“). Truly Legit makes available an application software program and platform (the “Platform“) that provides a portal for Truly Legit’s business accreditation and vetting services that Truly Legit makes available under the trademarks “Truly Legit”, “Truly Certified”, and “Truly Secure”, through our website located at the domain https://trulylegit.com (the “Website“) or for download for use as mobile application software.  These Terms and Conditions also apply to any and all services made available through the Site and the Platform (the “Services“). Your access to and use of the Services offered by Truly Legit is expressly conditioned on your acceptance without modification of the following Terms and Conditions.

Truly Legit may modify, supplement or amend these Terms and Conditions at its sole discretion. Your continued use of the Platform after the modifications, supplements or amendments to these Terms and Conditions will be evidence that you acknowledge and agree to be bound by the modified Terms and Conditions. You are not required to accept any may reject the modifications, but if you do not accept the modifications, you are no longer entitled to use the Platform.

The Services (as defined herein), the Platform, and our Website are available only to, and may only be used by persons who can enter into legally binding contracts under applicable law. Without limiting the foregoing, the Services, Platform, and our Website are not available to  minors, and minors are strictly prohibited from using the Services, the Platform, and our Website. If you are under the age of majority in your jurisdiction, please do not use the Services or the Platform, or any of our Website.  The Services, Platform, and our Website are also not available to you if: (a) you have previously been suspended or removed from the Services, Platform, and/or our Website; (b) your registration or your use of the Services, Platform, and/or our Website is not in compliance with all applicable laws and regulations; (c) you are a direct competitor of Truly Legit offering any one or more of the same services as Truly Legit; (d) you or any one affiliated or connected to you has been convicted of any computer or Internet related crimes; or (e) you are located in a region that is prohibited from using the Services, Platform, and/or our Website by law.

1. Use of the Platform
   1. Subject to all of these Terms and Conditions, Truly Legit grants you a limited, non-exclusive, non-transferable and personal license to access and use the Platform and have an object code version of the software Platform reproduced on your mobile device or other applicable device, solely to support User’s use of the Services and Platform and otherwise in accordance with any applicable documentation and these Terms and Conditions, provided you have created an account through the Platform by registering to use the Platform and Services or have signed in as a guest and are in compliance with these Terms and Conditions. In these Terms and Conditions, reference to “Users” herein shall include both Users who subscribe to and register an account through the Platform and Users who do not register through the Platform.
   2. You agree to provide accurate, current, and complete information required to register or create an account, and whatever information relating to You is required in connection with the Website, the Platform, and/or the Services (the “Registration Data“). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Truly Legit may terminate your right to access and/or use any or all of the Site, the Platform, and/or the Services, or your account, if any information you provide is false, inaccurate or incomplete. You agree that Truly Legit may store and use the Registration Data you provide for use in maintaining and managing your account.  Users are responsible for maintaining the confidentiality and security of their Registration Data and account credentials, and are responsible for any and all activities carried out through their account.
   3. Truly Legit vetting process is based on a range of factors, including but not limited to, business practices, compliance with legal and regulatory requirements, and reputation. Truly Legit reserves the right to modify our vetting process at any time, in our sole discretion.
2. Copyright Laws – Truly Legit or its licensors are the owners of all now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Site, the Services, and the Platform, and the Truly Legit software, product concept, including but not limited to all text, data, computer code, algorithms, and information. The Platform, the Site, and all content included on the Site and the Platform is the property of Truly Legit or its licensors and is protected by Canadian and international copyright laws. You agree not to permit access to the Platform or the Services to others, and not to publish, reproduce, sublicense or modify any content appearing on the Platform for any purpose without the prior written consent of Truly Legit.
3. Access at Sole Discretion of Truly Legit – In its sole discretion and for any reason, in addition to any other rights or remedies available to Truly Legit and without any liability whatsoever, Truly Legit at any time and without notice may terminate or restrict your access to the Platform and any component or Services available through the Platform.
4. Nature of Engagement – Truly Legit makes available the Platform and Services as an independent contractor. Nothing contained in these Terms and Conditions shall be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the User and Truly Legit.
5. Access to Services – Each User may access and use the Platform and Services solely for its own benefit or the benefit of its organization, and in accordance with these Terms and Conditions. Use of and access to the Platform and Services is permitted only by the User who registers to use the Platform and Services, and such registration is not transferable.
6. Payment
   1. In consideration for the Services and any applicable licenses, User shall pay Truly Legit in the manner and at the rates and time(s) agreed upon between the parties.  Unless otherwise agreed upon between the parties, User agrees to pay Truly Legit on either a monthly or annual basis during the Term of these Terms and Conditions.  It is the User’s responsibility to cancel their Services and plan, failing which the User will be continuously billed. To cancel a plan a user must submit a support request to Truly Legit, using Truly Legit’s support service.
   2. All fees are in U.S. dollars. It is at Truly Legit’s sole discretion to make changes to the applicable fees or charges for the Services, including but not limited to, adding additional fees or charges, where applicable, for the Services. If User does not accept the changes, the User may cease using the Services, and Truly Legit may discontinue providing the Services to User.
   3. Truly Legit offers an auto-renewal feature for our Services and Platform, which is designed to ensure continuity of service to the Certification Marks. When you sign up for our Services or the Platform, you will be automatically opted-in to our auto-renewal feature, unless you request otherwise.
   4. Truly Legit uses a third party payment processor for processing payments for the Services and the Platform.  Truly Legit does not retain payment or financial information in the ordinary course of its business.
   5. Payment for the Services is made to Truly Legit and is processed before completion of the approval and vetting process for each User. If a User fails the approval and vetting process, and payment has been processed, Truly Legit may issue a refund at its sole discretion, provided that the User complies with any applicable refund policy of Truly Legit.
   6. Truly Legit will bill overages when the User exceeds their allotted site visits per month. Overage charges must be paid in full alongside the User’s regular subscription or service fees. Failure to pay overage charges can result in suspension or termination of the Service. Truly Legit reserves the right to modify the overage rates at any time. If a User chooses to cancel their subscription, any outstanding overages will still be billed for the month in which they exceeded their allotted site visits.
7. Certification Marks 
   1. To the extent that the User is authorized, by or through the Services, to use Truly Legit’s certification marks, which may include the certification marks “TRULY CERTIFIED” and “TRULY SECURE” and other certification marks of Truly Legit (the “Certification Marks“), Truly Legit hereby grants to User a personal, non-exclusive, revocable, non-sublicensable license to use and display such Certification Marks that the User is certified to use, in association with the User’s goods and services, solely for the purpose of showing that the User’s goods and services have the applicable certification and satisfy the applicable certification standards.  Any license to use and display the Certification Marks is subject to User’s ongoing compliance with all applicable certification standards published by Truly Legit, these Terms and Conditions, any other agreement between us, and the payment of all applicable fees by User.  The User shall not sub-license the right and license to use or display of the Certification Marks to any other person, or permit any other person to use or display the Certification Marks in association with such other person’s goods or services.
   2. The Certification Marks provided by Truly Legit are intended to be displayed on the User’s website and in association with their Services in their original form and may not be edited or customized in any way. Any attempt to alter or modify any of the Certification Marks is strictly prohibited and may result in the revocation of the User’s certification and access to our Service and the Platform, and withdrawal of the license to use and display the Certification Marks.
   3. Truly Legit may update the certification standards applicable to one or more of the Certification Marks, at any time and at Truly Legit’s sole discretion.  Truly Legit reserves the right to reject a User’s application for certification if it does not meet Truly Legit’s certification criteria, in Truly Legit’s sole discretion. Truly Legit reserves the right to revoke a User’s certification if the User or their associated business is found to have violated our certification criteria.  Users that have been certified by us are required to comply with all legal and regulatory requirements, as well as our certification criteria. Certified Users are also required to maintain their certification status by renewing their certification periodically.
   4. The review and approval of a User’s application for certification or for a license and right to use a Certification Mark is at Truly Legit’s sole discretion. Without limiting the generality of the foregoing or Truly Legit’s available rights and remedies, Truly Legit may refuse to certify any applicant that, in Truly Legit’s view, does not comply with any applicable law, including any applicable obligation pursuant to the Canadian Criminal Code or the Canadian Human Rights Code. Truly Legit shall not be liable for any loss or damage resulting from Truly Legit rejecting any application for certification or rejection of an application for a license to use a Certification Mark.
   5. Truly Legit shall not be liable for any loss or damage resulting from the revocation of any certification or the removal of any Certification Mark from a User’s website and advertising materials.
   6. Truly Legit accepts no responsibility or liability, and offers no guarantee, warranty, or representation, for the goods or services of businesses and other entities who use Truly Legit’s Certification Marks.  A business or other entity’s use of a Truly Legit Certification Mark is not a guarantee that the business or other entity is trustworthy, or that its goods or services will meet or exceed any particular standard. Any such guarantee, warranty, or representation is only offered directly from the business or other entity service provider who uses or displays the Certification Mark.
8. Confidentiality and Privacy Policy – All use, collection, and disclosure of User’s personal information will be governed by Truly Legit’s Privacy Policy, which is available at https://trulylegit.com/privacy-policy/. By agreeing to these Terms and Conditions and making use of the Site, the Services, and the Platform, you acknowledge and agree that you have read Truly Legit’s Privacy Policy and that you consent to the collection, use, and disclosure of your personal information by Truly Legit in accordance with the terms of and for the purposes set out in Truly Legit’s Privacy Policy.
9. Disclaimer – Except as expressly set out in these Terms and Conditions, the Platform and Services are provided “as is” and “as available”, without any other representations, warranties or conditions or guarantees, and Truly Legit disclaims and will not be bound by any other representations, warranties, conditions, or guarantees whatsoever in connection with the Services and your use and enjoyment thereof, whether express, implied or statutory, including, without limitation, any warranties of accuracy, timeliness, performance, completeness, merchantability, workmanlike quality, title, fitness for a particular purpose or any purpose, and non-infringement of any rights including intellectual property rights of any other party. Truly Legit offers no representation, warranty, or guarantee that applications for business accreditation and vetting will be approved. Without limiting the generality of the foregoing, Truly Legit makes no warranty that: (i) the Website, the Services, the Platform, or any content posted to the Platform will meet the User’s requirements; (ii) the Website, the Services, the Platform, or the content will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from your use of the Website, the Services, the Platform, or the content thereof, will be accurate or reliable; or (iv) any errors in the Services and/or any software operating on the Website or the Platform will be corrected. Any material downloaded or otherwise obtained through the use of the Website, the Platform, or the Services is done at the User’s own discretion and risk. No advice or information, whether oral or written, obtained by the User from the Website or through or from the Platform and Services or the content shall create any warranty or condition not expressly stated in the terms.
10. Updates and Maintenance – The User acknowledges that temporary interruptions, downtime, or lack of availability of the Platform and Services may occur from time to time as normal events. Without limiting the foregoing, Truly Legit may, at its sole discretion and on a scheduled basis or an emergency basis, provide updates and maintenance on the software, Platform, and/or the Services, without notice to the User.  The software, Platform, and/or the Services may be unavailable while Truly Legit provides updates and maintenance on the software, Platform, and/or the Services.
11. Security – Truly Legit uses commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of the Services and data and personal information of Users. Without limiting the foregoing, Truly Legit will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond Truly Legit’s control.  By agreeing to these Terms and Conditions, User consents to a monthly passive scan check of the User’s website and monthly business assessment of the User’s business. The User acknowledges, accepts, and consents to Truly Legit’s security scans and related security measures and practices. If User or its Website and/or Business fail Truly Legit’s monthly check, in Truly Legit’s sole discretion, Truly Legit may revoke the User’s right to use the Service and Platform and/or require that the User cease use of the Services and Platform immediately, and User’s licenses shall be withdrawn.  Notwithstanding the  foregoing, Users are solely responsible for their websites’ security, and Truly Legit’s security scans are not a substitute for appropriate security measures and practices. Users should take appropriate action to address any security vulnerabilities identified by Truly Legit’s security scans.
12. Exclusions and Limitations of Liability 
    1. YOU AGREE THAT WE SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA AND/OR INFORMATION, LOST SAVINGS, OR OTHER EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR: (1) YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES, THE WEBSITE, OR ANY PART THEREOF; (2) SUSPENSION, LOSS OR INTERRUPTION OF THE PLATFORM AND/OR SERVICES; (3) LOSS OR LIABILITIES RESULTING FROM ACTS OR EVENTS BEYOND OUR CONTROL; (4) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATIONS TO DATA; OR (5) DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO THE INAPPROPRIATE OR UNAUTHORIZED USE OF THE PLATFORM AND/OR THE SERVICES BY YOU OR ANY OTHER USER OF THE PLATFORM AND/OR THE SERVICES; WHETHER BASED ON CONTRACT, TORT, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF THOSE DAMAGES, AND REGARDLESS OF ANY FUNDAMENTAL BREACH HEREOF OR OF ANY OTHER AGREEMENT.
    2. Without limiting the foregoing, you acknowledge that in no event shall Truly Legit or any of its suppliers, affiliates, directors, officers, employees, agents or representatives be liable for any loss, damage, cost or injury, arising out of or relating to your use of or reliance upon (for any purpose) any advice or information posted or made available through the Platform, the Site, or the Services, whether by Truly Legit or any other users.  We make no warranties or representations, express or implied, regarding the accuracy or completeness of the results of our security scans, and Truly Legit accepts no liability or responsibility for its security scans, the results of its security scans and related security measures and practices, or any action or inaction of User related to the results of Truly Legit’s security scans and related security measures and practices.  While we make commercially reasonable efforts to verify the information provided by the User and any party licensed to use the Certification Marks during the sign-up process and through independent vetting, we cannot guarantee and offer no representation or warranty of any kind regarding the User or any party licensed to use the Certification Marks, including any representation as to legitimacy or trustworthiness.
    3. OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF TRULY LEGIT’S REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO TRULY LEGIT IN CONNECTION WITH THE PLATFORM AND THE SERVICES, IN THE TWELVE (12) MONTH PERIOD PREDATING THE DATE OF THE CLAIM.
    4. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE TERMS AND CONDITIONS, ANY ACCOUNT, OR YOUR ABILITY OR RIGHT TO USE THE PLATFORM, THE WEBSITE, AND/OR SERVICES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. Indemnification – The User shall indemnify Truly Legit from and against all losses, damages, costs and expenses, and save Truly Legit harmless from and against any and all claims, liabilities, demands, actions, causes of action, lawsuits and proceedings which may be made or brought against or suffered by Truly Legit, or which Truly Legit may suffer or incur as a result of, in respect of or arising out of, the User’s use of the Platform or Services, User’s violation of these Terms and Conditions or any applicable law, User’s violation of any third-party rights, and the User’s use and display of the Certification Marks and any goods or services offered by User in association with the Certification Marks.
14. Termination – We may terminate this Agreement and your access to our Services at any time for any reason, without notice. You may terminate this Agreement by discontinuing your use of our Services.  Upon termination of these Terms and Conditions for any reason, Truly Legit will immediately stop providing Services and discontinue User’s access to the Platform, and User will immediately cease any and all use of the Services and Platform.
15. User Cooperation – Each User shall be responsible for its own use of or failure to use the Services, and for the accuracy and completeness of all data and information provided in connection with the use of the Platform and Services.  Truly Legit will not be responsible or liable for, nor be considered to be in default under these Terms and Conditions for, any User’s delay or failure to perform any obligation under these Terms and Conditions.
16. Unacceptable Use – Each User hereby agrees that they and their employees, agents, affiliated corporate parties and representatives who use and access the Platform and Services will not:
    1. decompile, reverse engineer, disassemble or hack or tamper with the Platform or Services, disable or circumvent any security or authentication measures of the Platform or Services, or grant any other person unauthorized access to the Platform or Services (or any portion thereof) or related systems, networks or data;
    2. perform any fraudulent activity including but not limited to impersonating any person or entity, claiming a false affiliation, accessing any other account on the Platform or Services without permission, or falsifying identity;
    3. modify or disable the Platform or Services or use the Platform or Services in any manner that interferes with or disrupts the integrity or performance of the Platform or Services or related systems, network or data;
    4. access or search the Platform or Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Platform or Services in any medium, including without limitation by any automated or non-automated “scraping”;
    5. modify or create any derivative work of any part of the Service, the Platform, the Truly Legit software, and the Website;
    6. use, export or re-export any content or any copy or adaptation of the Service, the Platform, the Truly Legit software, and the content of the Website in violation of any applicable laws or regulations, including, without limitation, data, privacy and export control laws and regulations;
    7. use the Platform or Services to use, reproduce, distribute, or display content or material that is in a way that is pornographic, obscene, infringing, or defamatory in nature or that would be reasonably likely to bring any person or property into disrepute;
    8. use the Platform or Services to violate the privacy of others, or to collect or gather other users’ personal or confidential information (including account information) from our Platform or Services;
    9. systematically retrieve data or other content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
    10. use meta tags or any other “hidden text” including Truly Legit’s product names, Certification Marks, or trademarks; or
    11. permit or encourage anyone else to commit any of the actions above.
17. Proprietary Rights – The Platform, the Truly Legit software, and our Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.   All brand names, product names, trademarks, and Certification Marks that identify Truly Legit or our proprietary products and services, are the trademarks or service marks of Truly Legit or its licensors.  Truly Legit and its licensors retain all right, title and interest (including all copyright, trade secret, and other rights) in and to the Platform, the Truly Legit software, the Website and all content which is included in the Platform and the Website. You may not remove any copyright, watermark, author information or other proprietary notices contained in the Service, the Platform, the Truly Legit software, or the Website.
18. Successors and Assigns – All of the provisions of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective lawful successors and permitted assigns
19. Jurisdiction – These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta and the courts of Alberta and shall have exclusive jurisdiction to entertain applications for injunctive relief and all other actions arising in connection herewith.
20. Headings – Section headings are not to be considered a part of these Terms and Conditions and are not intended to be a full and accurate description of the contents hereof.
21. Amendment and Waiver – No amendment, change or modification of these Terms and Conditions shall be valid unless in writing signed by the parties hereto.  Waiver by one party hereto of breach of any provision of these Terms and Conditions by the other shall not operate or be construed as a continuing waiver
22. Notices – You consent to receive communications from Truly Legit electronically. You agree that all agreements, notices, disclosures and other communications that Truly Legit provides to you to your contact information as provided in the submitted application or in registering for an account.
23. Severability – If any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms and Conditions, in which event these Terms and Conditions shall be construed as if such provision had never been contained herein and the remainder of these Terms and Conditions shall nevertheless remain in full force and effect.
24. Entire Understanding – These Terms and Conditions constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect.

[End of Truly Legit Terms and Conditions of Use]