Last updated: September 1, 2023

Please read these terms carefully before using the Website and the Hosted Application

These Terms apply to your (“You” or “User”) access and use the Block 64 cloud service application (“Block 64” the “Block 64 Combine” or “Hosted Application”) which is password protected, owned and hosted by Block 64 Corporation (“Block 64”, “We”, “Us”, or “Our”). The Hosted Application and Block 64 website (“Website”) (including all content, graphics, interfaces, trademarks, logos, design, “look and feel” of the Website) are the property of Block 64 and its licensors. BY USING THE WEBSITE AND THE HOSTED APPLICATION, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR THE HOSTED APPLICATION.

Your access and use of the Website and Hosted Application is conditional on your agreement, acceptance and compliance with these Terms of Use. We reserve the right to suspend or cancel your access to the Hosted Application without notice if there is any breach of the following Terms.

Block 64 reserves the right, at its sole discretion, to modify these Terms of Use, at any time. It is User’s responsibility to check Terms periodically for changes. User’s continued access and use of the Hosted Application means that User has accepted and agreed to any changes in the Terms of Use.

The Hosted Application and Website are protected by Canadian, United States and international copyright laws and copyright treaties as well as other intellectual property laws and treaties.

As long as User complies with these Terms of Use, Block 64 grants User a non-exclusive, non-transferable, limited privilege to access and use the Hosted Application in accordance with these Terms for the Hosted Application’s intended purposes. For greater certainty, the use of the Hosted Application shall be limited to User’s business use.

User obtains no right, title or interest in the Hosted Application (including any associated materials), or any right, title or interest to any intellectual property rights in the Hosted Application. All title, copyright, intellectual property rights in and full ownership of the Hosted Application shall remain with Block 64. For greater clarity, the Intellectual property rights include, but are not limited to, the “look and feel” of the Hosted Application.

User agrees it shall not attempt to modify, reverse engineer, decompile, or disassemble the Hosted Application or any elements thereof or take any other steps to discover the source code, trade secrets or confidential information in the Hosted Application or publish or disclose to any third party the results of any benchmark tests or other evaluation run or use on the Hosted Application.

User may not use any process or device to circumvent any controls or gain unauthorized or unlawful access the Hosted Application or any portion of the Website or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

User may not probe, scan or test the vulnerability of the Website or the Hosted Application, nor breach the security or authentication measures connected to the Website or Hosted Application.

User may not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Hosted Application or Website.

To access and use the Block 64 Combine, Users must first register as instructed by Block 64. Block 64 will assign User access permissions to log in. User may log into and use the Block 64 Combine to report, analyze and/or manage IT asset data.

User is entirely responsible for maintaining the confidentiality of the access permission information for User’s account, including password, and for any and all activity that occurs under User’s account as a result of failure to keep this information secure and confidential. User agrees to notify Block 64 immediately of any unauthorized use of User’s account or password, or any other breach of security.

BLOCK 64 DOES NOT WARRANT THAT: THE HOSTED APPLICATION WILL BE UNINTERUPTED OR ERROR FREE, THAT ALL ERRORS IN THE HOSTED APPLICATION WILL BE CORRECTED, THAT THE HOSTED APPLICATION WILL RUN ON ALL HARDWARE, OR IDENTIFIES ALL KNOWN BUGS AND FLAWS. THE HOSTED APPLICATION IS PROVIDED ON AN “AS IS” BASIS, AND BLOCK 64 DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. BLOCK 64 MAKES NO REPRESENTATION WITH RESPECT TO THE ADEQUACY OF THE HOSTED APPLICATION WITH RESPECT TO ITS ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. BLOCK 64 SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR THE USE OF THE HOSTED APPLICATION BY YOU.

USER’S SOLE REMEDY AGAINST BLOCK 64 FOR DISSATISFACTION WITH THE HOSTED APPLICATION IS TO STOP USING THE HOSTED APPLICATION. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES FOR USER’S USE OF THE HOSTED APPLICATION AND WEBSITE.

Block 64 will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage which may be suffered by User arising out of the use or failure to use the Hosted Application.

The disclaimer set out in this Section 4 applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

If, notwithstanding the other provisions of these Terms of Use, Block 64 is found to be liable to User for any damage or loss which arises out of or is in any way connected with User’s use of the Hosted Application or Website, Block 64’s liability shall in no event exceed the greater of: the total amount of fees paid by the User for any subscription in the six months prior to the date of the initial claim made against Block 64 (but not including the initial purchase price paid for any Block 64 software products or service or similar support program).

User agrees to indemnify and hold Block 64, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Block 64 by any third party due to or arising out of or in connection with User’s use of the Hosted Application and/or Website.

Block 64 agrees to protect User’s confidential information (“Confidential Information”) and to use the same degree of care to safeguard the Confidential Information as Block 64 uses for its own similarly confidential information and in accordance with the Block 64 Data Security Policy. Block 64 shall not collect, process or store any Confidential Information other than is expressly required for the purposes of providing analysis and recommendations pertaining to the current IT infrastructure environment of User. Block 64 will not disclose any Confidential Information of User or any User’s client data without prior written consent, other than to those employees, contractors, agents, subcontractors or representatives of Block 64 who have a need to know such Confidential Information for the purposes of carrying out Block 64’s services. For additional information, please consult the Block 64 Security FAQ at https://block64.zendesk.com/hc/en-us/sections/11958559947671-Security

Block 64 is SOC 2 Type II compliant. For additional information or to request a copy of our most recent SOC 2 Type II report, please consult the Block 64 Trust Center at https://trust.block64.com

The Terms of Use are governed by the laws of Ontario. User irrevocably agrees to the jurisdiction of Ontario and the laws of Ontario and Canada.

The Hosted Application may contain software or other materials licensed from third parties All trademarks are the property of their respective owners. These Terms supersedes any other understandings relating thereto.

All notices to Block 64 can be sent by email to notices@block64.com

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between You and Block 64 with regard to your use of the Hosted Application and Website, and any and all other written or oral agreements or understandings previously existing between You and Block 64 with respect to such use are hereby superseded and cancelled. Block 64’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Block 64 of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Block 64 and You or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

All notices to Block 64 can be sent by email to notices@block64.com

Last updated: April 10th, 2023