Terms and Conditions - Diffchecker (2024)

WHO ARE WE?

Our web sites and all pages thereof, including the web site through which you accessed these Terms and Conditions (collectively, the “Web Sites” or “Sites”, and each a “Web Site” or “Site”) are each operated by Checker Software Inc. and/or one or more of its affiliates and/or agents (“Diffchecker” or “we” or “We” or “us”). Unless stated otherwise, the terms, conditions and notices contained herein (collectively, the “Terms”) apply to all pages of the Web Site, including your use of and access to the applications, software, products, content and services made available on the Web Site, such as the proprietary Diffchecker software, user interface software, and other software included in the Diffchecker platform (the “Services”) and, unless otherwise stated thereon, to any other Diffchecker websites that you access by or through the Site (collectively, the “Sites”).

1. USE OF THE SITE AND/OR SERVICES

Your access to and use of the Site and/or Services is subject to all applicable laws and regulations which apply to the Site and/or Services, as well as these Terms. Your accessing of the Site and/or your use of the Site and/or any Services that we offer by or in connection with the Site constitutes acceptance of these Terms, without reservation, limitation or qualification.
You may not use the Site and/or Services if any of the following conditions apply to you: (i) are not above the age of majority in the jurisdiction from which you are accessing this Site (“Your Jurisdiction”); or (ii) it is otherwise illegal in Your Jurisdiction for you to access, view and/or use the Site and/or Services. You must not use the Site or Services or cause or permit the Site or Services to be used if any of these conditions apply to you, including if any material on the Site, your use of this Site and/or Services, or products advertised on this Site, is contrary to the laws of Your Jurisdiction. If any of these conditions apply to you, please leave this Site immediately and cease using the Services. If you do not leave this Site or cease using the Services, then you will be deemed for all purposes to have represented that none of these conditions apply to you.
The information posted on this Site and through the Services is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this Site and/or Services is strictly on an “as is” basis, and you must not assume that this Site and/or Services will be error free or that it will operate without interruption or as intended. We reserve the right to suspend the use of the Site and/or Services generally, or block your access to any part of the Site and/or Services, if we suspect misuse.
We further reserve the right to disclose to the relevant authorities and in accordance with applicable law any information we hold concerning your identity and any evidence we have which relates directly or indirectly to misuse of this Site and/or Services.
You agree that you use the Web Site and Services at your own risk. You are solely responsible for ensuring that:
1. any and all users of the Site or Services will access and use the Site or Services strictly in accordance with these Terms, and you will remain responsible for each act and omission of any and all users of the Site or Services who access and use the Site or Services by or through you;
2. any and all users of the Services by or through you complies with all applicable laws and contractual obligations and obtaining all necessary consents; and
3. all user credentials issued to you will be kept secure, confidential and not shared.

2. INTELLECTUAL PROPERTY

All references in this Site to trade names, trademarks, logos, service marks, designs and other intellectual property (“Intellectual Property”) are references to the owner and/or licensee(s) of such Intellectual Property, and all rights in respect of all of such Intellectual Property are reserved. “®” refers to a registered trademark of the owner of the Intellectual Property in Your Jurisdiction; “™” refers to a trademark of the owner of the Intellectual Property in Your Jurisdiction; and “©” refers to a copyright of the owner of the Intellectual Property in Your Jurisdiction.
Unless otherwise noted or provided in these Terms or in the text on the Site, Diffchecker owns all right, title and interest in and to the Intellectual Property. Nothing from this Site may be used by you except as provided in these Terms without the written permission of Diffchecker, and you will not use the Intellectual Property for any unlawful or infringing purpose. You agree not to reproduce or distribute the Intellectual Property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without prior express written permission from Diffchecker. Diffchecker neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with Diffchecker.
Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on this Site without the prior written permission of Diffchecker or any third party that may own any such item displayed on the Site. Your use of any of the Intellectual Property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these Terms. Diffchecker will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these Terms.
Subject to your compliance with these Terms, we hereby grant you (whether a single individual or entity) a limited, revocable, worldwide, non-exclusive, non-transferable license to access and use the Web Site and Services, subject to the terms and conditions of these Terms including the restrictions set forth in section 5 below. Where the Services are made available as “software as a service” (SaaS), the License comprises the rights to access and use the Services, and the Software included in the Services, solely for your internal use and business purposes where applicable in accordance with these Terms.
If we identify a license fee or other payment in a separate written Order or a separate written agreement between you and us (or between us and the organization or entity through which you gain access and license to the Web Site or Services), the License shall be of no force or effect unless the applicable license fee or other payment is paid in accordance with the applicable payment provisions.
Except for the License granted in this Section 2, nothing in these Terms shall be construed as conferring any licenses or other rights under the intellectual property or other proprietary rights of us and our licensors, affiliates or any third party, in the Web Site or the Services. In addition, we reserve the right to disable the Web Site and/or Services, or elements of the Web Site and/or the Services, at our sole discretion.

3. YOUR DATA

With respect to any data and other content that you post, upload, or communicate, or permit to be posted, uploaded, or communicated to the Site or through the Services (the “Data”), you hereby grant to us, our licensors, and our affiliates a perpetual, irrevocable, worldwide license to use, process, and reproduce any Data, without compensation, without any obligation to report on such use, processing, and reproduction, and without restriction.
Without limiting the generality of the foregoing, you acknowledge that we, our licensees, and our affiliates may, at our discretion, compile, aggregate, combine with other information, conduct data analytics, develop and manipulate the Data, and create derivative materials using the Data, without compensation and without restriction. As between us and you, you acknowledge that we will own all right, title, and interest in and to compiled and aggregated Data, provided that such compiled and aggregated Data does not identify you or contain any personally identifiable information of any individuals associated with you.

4. YOUR CONDUCT

You will not use the Site or Services to:
1. upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site and/or Services;
2. interfere with the servers or networks connected to the Site and/or Services or to violate any of the procedures, policies or regulations of networks connected to the Site and/or Services;
3. impersonate any other person while using the Site and/or Services;
4. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Site and/or Services;
5. submit or otherwise publish through the Site and/or Services or on any social media or other forums accessible from it any material or content which is defamatory, offensive, p*rnographic, abusive or threatening or which describes any illegal activity or advertises any goods or services;
6. submit or otherwise publish through the Site and/or Services or on any social media or other forums accessible from it any material or content which infringes the intellectual property rights of a third party;
7. use the Site and/or Services for any unlawful purpose; or
8. resell, sublicense or export the software associated with the Site and/or Services.

5. LIMITATION OF LIABILITY AND INDEMNITY

Your use of and browsing in the Site and/or Services are undertaken at your own risk. Neither Diffchecker, nor any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of the Site and/or Services is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site and/or Services or any consequences flowing therefrom, including, without limitation, damages which may occur to your computer equipment or other property as a result of your access, use of or browsing in the Site and/or Services or your downloading of any materials, data, text, images, video or audio from the Site and/or Services.
Without limiting the generality of section 1, everything on the Site and/or Services is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or any purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction including Your Jurisdiction, unless in Your Jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in Your Jurisdiction.
You promise to indemnify and save and hold Diffchecker, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursem*nts, resulting directly or indirectly from: your breach of any of your agreements, representations or warranties set out in these Terms and Conditions; your access to or use of the Site and/or Services or any site to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from the Site and/or Services or any site to which the Site and/or Services may be linked from time to time; and/or your violation of any law or regulation.
Nothing in the Site and/or Services is intended as professional advice or recommendations (including financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circ*mstances from a qualified professional before acting or omitting to act based on any information obtained on or though the Site and/or Services.
The Site and the Services may not be completely secure from unauthorized access. You should not share confidential or sensitive information via the Site and/or the Services, and any personal information that you share and any subsequent use of such personal information is your responsibility and may be subject to our Privacy Policy.

6. CONFIDENTIALITY AND PRIVACY ISSUES

Unless encrypted, information sent or received over the Internet is insecure and Diffchecker cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Diffchecker will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to Diffchecker through the Site and/or Services.
Through your accessing or usage of the Site and/or Services, Diffchecker is able to and may in fact gather certain information about you and your usage of the Site and/or Services. In so doing, Diffchecker will comply with the Diffchecker Privacy Policy available at https://www.diffchecker.com/privacy-policy/ (“Privacy Policy”), which is incorporated herein by reference.

7. REFERRED BUSINESSES AND LINKED SITES

Diffchecker may provide a referral to an independent business, such as a software developer or software application provider (each a “Referred Business”), and Web Sites and communications from Diffchecker may include advertisem*nts for products or services (including software products) offered by a Referred Business (each a “Referred Product/Service”). Those referrals and advertisem*nts do not guarantee that a Referred Product/Service will be offered or available to you as indicated or at all, or that you will qualify to purchase or receive a Referred Product/Service. The availability of a Referred Product/Service is within the discretion of the relevant Referred Business (not Diffchecker) and will be subject to the terms and conditions specified by the Referred Business (not by Diffchecker).
Referred Businesses are independent from Diffchecker, and Diffchecker does not have any control over, and is not responsible or liable for, any Referred Business or any Referred Product/Service. Each Referred Business will provide its Referred Products/Services subject to a separate agreement between you and the Referred Business, and Diffchecker are not parties to that agreement or any related transaction between you and the Referred Business. Your dealings with Referred Businesses and your use of a Referred Product/Service are at your own risk, and you will not make any claim against Diffchecker arising from, connected with, or relating to your dealings with a Referred Business or any Referred Product/Service.
Diffchecker does not warrant the authenticity or reliability of the websites linked to the Diffchecker website and is not responsible for the contents of any linked website. The inclusion of a link on the Diffchecker website does not constitute endorsem*nt of the linked website by Diffchecker. Use of any such linked website is at the user’s own risk.
The Site may contain links to other sites on the Internet that are owned and operated by third parties (the “External Sites”). Diffchecker has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of Diffchecker. Diffchecker has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites. These links to External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Diffchecker sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.

8. CONSENT TO COMMUNICATIONS

By providing us with your contact information and using the Site and/or Services, you agree to receive communications via e-mail and/or social media from or on behalf of Diffchecker at the email address or telephone number (including mobile number) you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

9. NO THIRD PARTY RIGHTS

Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Diffchecker, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Diffchecker and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Diffchecker, and our successors and assigns.

10. OUR CONTRACT

These Terms only deal with your access to the Site and/or Services. Please note that we may not necessarily keep a copy of these Terms and Conditions. We advise you to print or save a copy of these Terms for your information in the future. If you would like these Terms and Conditions in another format (for example: audio, large print, braille) please contact us.
This use of the Diffchecker website and Services and any claims against Diffchecker shall be governed by the laws of the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in respect of all disputes arising out of or relating to the use of Diffchecker’s Web Sites and/or Services and these Terms and Conditions.