Last updated February 04, 2014
Bendigi Technologies Inc. (“Bendigi”, “we”, “us”, “our team” and terms of similar meaning) provides this service to you subject to this agreement and the attached standard terms and conditions (together as our “Terms”). In this terms we call our services (which includes your branded App , the content, any of our other Apps, sites, our designs, development, consultations, support and maintenance) (together as our “Services”), the software we provide the “Application”, (“App”) and the services provided by the Application as “Features”. In these Terms, our customers such as yourself who have or are going to subscribe to our Services are called “Clients”, and our client’s customers who use our Client’s Applications (for example, to read new rates or calculate mortgage payments) are called “Customers”. In these Terms users of the Service, whether they are Clients, Customers, members of the Bendigi Team, people who download any of our Apps or our Client’s Apps, or casual browsers of our Site, are called “Users”. In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Clients, Customers or other Users, is called “User Content”.
App Administration, Modification & Support
Bendigi Tech. shall maintain and administer your App to keep it current in technology and in good working condition. In order to easily administer your App, we will create a new iTunes account and connect it to your apple developer account. An Apple developer account will need to be purchase at the cost of $119/year charged by Apple. https://developer.apple.com/programs/ios/
Routine Maintenance and updates may be performed because of changes to third party APIs, updates to the operations system such as iOS upgrades or due to legal reasons or for any other unpredicted reasons. We may perform such routine maintenance and publication at any time and without notice. During the design of your App, we will ask you to provide us your information such as First & Last Name, Address, Phone Numbers, Email, Website, Facebook, Twitter, LinkedIn, Youtube, Expert List, App Name and description. As well as send us logos, profile images, and other digital medial. All information can be modified by opening a support ticket to bendigi.freshbooks.com.
Mortgage rates on your branded App are dynamic and are read from our database. For starters, we will share with you a private URL that you can use to modify your Mortgage Rates at will.
Currently your branded App will request and collect device information that we can use later for push notification. In this version, we do not have the means of sending push. We are looking into developing and offering this service in the near future. The exact terms and conditions are not determined at the time of this writing. We envision the early version would require you to send us the exact text you like to send and we will perform this manually. Once our Web interface is in place, sending push would be as easy as filling out a text fields and clicking the send button.
The design and layout, not the content, of our App once published to the Apple App Store and/or Google Play Store is final and may not be modified free of charge. Should you require any such major modification we will quote and offer our services for our standard hourly rate of $100/hour. We are very reasonable, flexible and are committed to your success. In urgent situation we will waive our fees and accommodate all your requests to the best of our ability and time. Please keep in mind that the Apple App review takes anywhere from 1-2 weeks (5-10 business days).
We are dedicated to continuous development of new features & capabilities to enhance our products as well as offer you new ways to market yourself using our technology. Depending on the size and cost of new features that we develop, we may offer them to you free of charge or for an additional small fee. You are not obligated to accept any optional features.
Your App is currently only supported for the iOS platform. It is a universal App that also works well on the iPhone and iPad. The layout or resolution may not be the same across all devices. We plan to offer the Android version by Second Quarter of 2014 (before June 30, 2014) free of charge for all clients who sign up now before our Android release.
Our Limited License of Content to You
Bendigi grants you a limited, revocable, non-exclusive, non-sub-licensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Bendigi at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact Bendigi at contact[at]bendigi.com
Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Bendigi, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of our Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of our Services. You use our Services at your own risk. Without limitation of the foregoing, neither Bendigi nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our Services, including without limitation any damages caused by or resulting from your reliance on our Services or other information obtained from Bendigi or any other Released Party or accessible via our Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Bendigi or any other Released Party’s records, programs or services. In no event shall the aggregate liability of Bendigi, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the our Services exceed any compensation paid by you for access to or use of our Services, as the case may be, during the three months prior to the date of any claim. You shall defend, indemnify and hold harmless Bendigi and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of our Services, and if you are a Client, from your Customers’ use of the Services and from the use of our Services by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your, and if you are a Agent, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.
Your branded App, the Content, our other Apps and the Services (together our Services) are provided to you on an “as is” basis without warranties from Bendigi of any kind, either expressed or implied. Bendigi expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. While Bendigi attempts to maintain it’s Services safe and with a high standard of excellence, it does not represent or warrant that our Services are accurate, complete, reliable, current, safe, harmless, or error-free.
Consent to Use of Data
You agree that Bendigi Technologies Inc. may collect and use technical data and related information, including but not limited to technical information about device, system and application software, and peripherals, that is gathered to facilitate the provision of software updates, product support and other services to you (if any) related to our applications. Bendigi Technologies may use this information, as long as it is in a form that does not personally identify you or your customers, to improve its products or to provide services or technologies to you. We may use Google Analytics and like many services, Google Analytics uses first-party cookies to track visitor interactions. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page or App. Apps do not share first-party cookies across domains. Every computer and device connected to the Internet is assigned a unique number known as an Internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country, region and city from which a computer is connecting to the Internet. Google Analytics collects the IP address of website or App visitors in order to provide Bendigi Technologies with a sense of where in the world their visitors come from. This method is known as IP geolocation. Google Analytics does not report the actual IP address information to Google Analytics customers (Bendigi).
The Client, you, warrant that you are authorized to operate under the heading and in the territory indicated on your branded App, and to display the information, and that it does not violate any laws. You also warrant that you hold all permits or licences which may be necessary, including any license to practice issued by any professional or other regulatory body exercising its jurisdiction over your activities. You further warrants that you hold all the rights to use the trademarks or trade names included in your branded App or on the Website and that such use does not violate any provision of any law or statute, including the Trade-Marks Act, the Copyright Act and any other law or statute relating to intellectual property.
No representations by Bendigi & no warranty of success for the Client
You acknowledge that, in order to promote our Services, Apps and and website services, Bendigi may, from time to time, convey data, including statistics, or other types of information, which illustrate the results obtained by Bendigi’s Clients as a whole and completely anonymous to you. Bendigi declares that such data is, to the best of its knowledge, accurate and that said data has been obtained from credible and independent sources. You also acknowledge that such data is conveyed solely for informational purposes, that Bendigi does not conduct any analysis regarding your business and that, consequently, the results obtained by you may vary considerably from Client to Client.
The Services are controlled by Bendigi and operated by it from its office(s) in Toronto, Ontario. You and Bendigi both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Bendigi explicitly agree that all disputes, claims or other matters arising from or relating to your use of our Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving Bendigi and arising out of or relating to (a) these Terms; (b) our Services (c) oral or written statements, advertisements or promotions relating to these Terms or to our Services; or (d) the relationships that result from these Terms or our Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Bendigi related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Bendigi. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Bendigi and the other Released Parties for your failure to comply with any such laws.
Modifications to this contract:
Bendigi reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration, if any. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the bottom. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions, please email us at firstname.lastname@example.org. The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.
Ownership, Copyright and Trademarks
User Content is that User’s property. Bendigi’ only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section “Your Limited License of Your User Content to Bendigi” and Section “Termination of Agreement” of these Terms. Other than the User Content, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of Bendigi or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bendigi.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Application, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
Your Limited License of Your User Content to Bendigi
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the App and provide the Services, now and in the future. Therefore, by posting or distributing User Content to or through the Services, you (a) grant Bendigi and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. For example: We manually modify your submitted images by cropping and resizing it in various dimensions to optimize it’s display on the mobile device.
Termination of Agreement
You and Bendigi may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination) including for any of our Apps you may be using. When your account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public App Stores that is already stored on forum, product reviews, installed Apps, which may remain on your customer’s mobile devices after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
Failure to receive payment
If for any reason we fail to receive your payment and we fail to reach you for at least 3 consecutive attempts via email or phone, we may be obligated to deactivate your account. Deactivated accounts are not deleted, they can be restored. We will notify you by email if we decide to deactivate your account. If after your account has been deactivated and we don’t hear from you, we may terminate it at any time and without notice.
Termination/Modification of License and Offerings
Notwithstanding any provision of these Terms, Bendigi reserves the right, without notice and in its sole discretion, without any liability to you, to (a) terminate your license to use the Services, or any portion thereof (including any use of any of our Apps); (b) block or prevent your future access to and use of all or any portion of the Services or Content (including any use of any of our Apps); (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
Summary of Fees
- Setup starts at $500 + applicable taxes and is required prior to start. The setup covers design, build, & administration of your Apple and Google developer licenses. The setup fee can increase depending on the type of customizations needed/requested.
- The annual support, maintenance and licensing starts at $1,500 and depending on the type of customizations needed/requested can increase i.e. larger offices wanting to include a listing of their agents on their app or enhanced customized features.
- App Store Fees
- $119/year for the Apple Developer Program (payable to Apple Inc.)
- $25 one time to Google for their developer program (payable to Google Inc.)
- For a complete list of features and options please refer to http://www.bendigi.com/brochure.pdf