Terms of Service

Welcome to CreamSoda!

CreamSoda, a division of Inka Inc., company duly registered and existing under the laws of Canada, with its legal address at 701-18 Rean Drive, Toronto, Ontario, Canada(“CreamSoda”,”we”,”us”,”our”) provides its services (described below) to you through its Website located at https://crmsoda.com (the “Website”) and its mobile applications and related services (collectively, such services, including any new features and applications, and the Website, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).

The sole purpose of Service is to help you and your business do better, however, its content and tools are generic and are not designed for any one person, company, industry or sector. Information given are only examples and estimates and are not to be use for any legal, accounting, and auditing purposes. CreamSoda is not responsible for how you or your company uses this service, nor for the information you input, nor for the results you gather as a result. Service is provided as is and does not make any warranties or claim of any kind either expressed or implied.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

1. Object

CreamSoda is a technology company that offers customer relationship management services and whose main activity is the development and management of a technology platform through which certain business (the “Tenants”) worldwide can buy and sell products and/or service by means of a mobile or web application on the platform (the “Platform”).

CreamSoda has developed a Platform through which a variety of businesses, with which CreamSoda may have in place a commercial agreement for the use of the Platform, can publish and / or accepts offers for products sales, as well as to track purchases and sales deals along with their customer and supplier information. The Platform analyses sales data and users’ sales history in order to improve business relationships, increases customer retention and ultimately drive sales growth.

2. Terms of Services

By accessing the Platform and voluntarily creating a profile, all Platform users acknowledge and expressly and unambiguously agree to these Terms of Service and to the Privacy Policy.

3. Registration Obligations

You may be required to register with CreamSoda in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or legal guardian.

4. Member Account, Password and Security.

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify CreamSoda of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. CreamSoda will not be liable for any loss or damage arising from your failure to comply with this Section.

5. Modifications to Service

CreamSoda reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You understand and agree that the Platform may have technical imperfections (e.g. bugs), although we put all our efforts to make it as bug-free as possible. CreamSoda shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. General Practices Regarding Use and Storage

CreamSoda reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You understand and agree that the Platform may have technical imperfections (e.g. bugs), although we put all our efforts to make it as bug-free as possible. CreamSoda shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. Mobile Services

The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Website from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

8. Conditions of Use

User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by CreamSoda. CreamSoda reserves the right to investigate and take appropriate legal action against anyone who, in CreamSoda’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to Post, email or otherwise transmit any Content that:

  1. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
  2. you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  3. infringes any intellectual property or other proprietary rights of any party;
  4. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”,”pyramid schemes”, “contests”, “sweepstakes”, or any other form of solicitation;
  5. contains software 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;
  6. in the sole judgment of CreamSoda, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose CreamSoda or its users to any harm or liability of any type;
  7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  8. solicit personal information from anyone under the age of 18;
  9. harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  10. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  12. or violate any applicable local, state, national or international law, or any regulations having the force of law;
  13. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  14. or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to Canadian export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Canadian export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable Content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.

9. Notable Features

The Services that the Platforms offers to its Users include the following:

  • Ability to send emails from CreamSoda using a third-party service provider SendGrid. By using such service, you unequivocally confirm that you have thoroughly examined and accepted Terms of SendGrid and its Privacy Policy. This functionality is not meant for mass e-mail sending and it is not covered by unpaid Platform use.
  • Platform users have the technical possibility to synchronize their personal or corporate Microsoft or Google e-mail suits and CreamSoda accounts. Such synchronization allows users to:
    • see their Gmail/Microsoft emails within the Platform;
    • link corporate Microsoft or Google e-mail to the Platform, thus allowing CreamSoda system to analyze the content of all incoming and outcoming e-mails and link analyzed data to the respective Tenant’s account;
    • turn on sent e-mail tracking feature, which allows users to find out the recipient’s IP address and the time when a recipient opens a tracked email;
    • automatically schedule meetings/tasks and synchronize them with users’ accounts. Notifications may be sent out to an external customer/supplier in case if a meeting is created, updated or cancelled.
  • Notification feature that allows notifying users and Tenants about business partners, which experience abnormal number of claims or shipment delays.
  • Microsoft’s Artificial Intelligence analysis service that allows users to monitor and identify the tone of comments, e-mails and notes.
  • Customer management service that allows the CreamSoda system to automatically manage Tenants’ offers and deals, analyze pricing information, intelligently perform data entries with offers made on Tenants’ behalf and track deals status, claims and deal profitability.
  • Data storage service that allows storing information that is relevant to a Tenant, its representatives, offers, deals and products. File storage capacity depends on the subscription package purchased.

10. Payment Terms

CreamSoda users can access the Platform on free-of-charge or on paid basis. Paid access to the Platform may be given based on different recurring non-refundable subscription plans, which are provided on the Website.

Based on their subscription level, Tenants will get access to different Platform features and will be able to grant different access rights to their employees, contractors or representatives, which are Platform users acting on behalf and in the interest of the respective Tenant. Each Platform user can have one or several roles.

11. Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CreamSoda, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of CreamSoda, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CreamSoda.

The CreamSoda name and logos are trademarks and service marks of CreamSoda (collectively the “CreamSoda Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CreamSoda. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CreamSoda Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of CreamSoda Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will CreamSoda be liable in any way for any Content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You acknowledge that CreamSoda does not pre-screen Content, but that CreamSoda and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, CreamSoda and its designees shall have the right to remove any Content that violates these Terms of Service or is deemed by CreamSoda, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

User Content Posted on or through the Service: You are solely responsible for the Content and other materials you Post on or through the Service or the Website or transmit to or share with other users or recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By Posting any User Content you hereby grant and will grant CreamSoda and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service (“Submissions”), provided by you to CreamSoda are non-confidential and CreamSoda shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that CreamSoda may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CreamSoda, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

12. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other Websites and resources on the Internet. CreamSoda has no control over such Websites and resources and CreamSoda is not responsible for and does not endorse such Websites and resources. You further acknowledge and agree that CreamSoda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such Website or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that CreamSoda is not liable for any loss or claim that you may have against any such third party.

13. Third Party Services

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CreamSoda, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of CreamSoda, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CreamSoda.

The CreamSoda name and logos are trademarks and service marks of CreamSoda (collectively the “CreamSoda Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CreamSoda. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CreamSoda Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of CreamSoda Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will CreamSoda be liable in any way for any Content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You acknowledge that CreamSoda does not pre-screen Content, but that CreamSoda and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, CreamSoda and its designees shall have the right to remove any Content that violates these Terms of Service or is deemed by CreamSoda, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

User Content Posted on or through the Service: You are solely responsible for the Content and other materials you Post on or through the Service or the Website or transmit to or share with other users or recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By Posting any User Content you hereby grant and will grant CreamSoda and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service (“Submissions”), provided by you to CreamSoda are non-confidential and CreamSoda shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that CreamSoda may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CreamSoda, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to release, indemnify and hold CreamSoda and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

14. Indemnity and Release

You agree to release, indemnify and hold CreamSoda and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

15. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREAMSODA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CREAMSODA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

16. Limitation of Liability

These Terms of Service shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under this Terms of Service, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.

17. Governing Law; Attornment to Ontario.

These Terms of Service shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under this Terms of Service, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.

18. Termination

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CreamSoda, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of CreamSoda, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CreamSoda.

The CreamSoda name and logos are trademarks and service marks of CreamSoda (collectively the “CreamSoda Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CreamSoda. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CreamSoda Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of CreamSoda Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will CreamSoda be liable in any way for any Content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You acknowledge that CreamSoda does not pre-screen Content, but that CreamSoda and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, CreamSoda and its designees shall have the right to remove any Content that violates these Terms of Service or is deemed by CreamSoda, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

User Content Posted on or through the Service: You are solely responsible for the Content and other materials you Post on or through the Service or the Website or transmit to or share with other users or recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By Posting any User Content you hereby grant and will grant CreamSoda and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service (“Submissions”), provided by you to CreamSoda are non-confidential and CreamSoda shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that CreamSoda may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CreamSoda, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

19. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and CreamSoda will have no liability or responsibility with respect thereto. CreamSoda reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

20. General

These Terms of Service constitute the entire agreement between you and CreamSoda and govern your use of the Service, superseding any prior agreements between you and CreamSoda with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. This Terms of Service and any dispute, controversy, proceedings or claim arising out of or in connection with it or its formation or subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada.

The failure of CreamSoda to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of CreamSoda, but CreamSoda may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

The original language of these Terms of Service is English. CreamSoda may translate these Terms of Service into different languages, but in case of conflicts between English version and any translation, the English version shall prevail.

21. Your Privacy

At CreamSoda, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.