Terms of use

Last Update: June 3rd 2021

Welcome to the Fourwaves Platform (hereinafter referred to as the “Platform”) operated by Les Technologies Informatiques Fourwaves Inc. (hereinafter “Fourwaves” or “we”). 

In order to use the Platform, you must abide by certain rules and terms which are set forth in these Terms of Use, which form a binding contract between the visitor or user using the Platform (hereinafter “you” or the “user”) and Fourwaves. 

By using the Platform, you accept to be bound by these Terms of Use. 

If you do not accept these Terms of Use, you must immediately stop using the Platform.

The Platform

The Fourwaves Platform enables organizers (the “Event Organizers”)  of professional events (“Events”) to create Web pages for their Events on the Platform to collect information from participants, share event details and facilitate interactions between participants to their Events.

As a user participating in Events, the Platform allows you to create and manage your own account (the “Fourwaves Account”) to register for Events and share information included in your Fourwaves Account with Event Organizers, to share content with Event Organizers and participants in Events and to connect and interact with other Event participants.

These Terms of Use apply to your use of the Platform independently from any given Event in which you may choose to participate. These Terms of Use do not apply to Event Organizers.

Access and use of the Platform by automated means, such as bots or crawlers, is strictly prohibited, except as provided in a written agreement between you and Fourwaves.

We make no warranty as to the constant availability of the Platform, in whole or in part, and we reserve the right to interrupt access to the Platform for the general public or for one or several users, for any period of time, at our sole discretion.

Fourwaves Account

You must provide accurate, current and complete information during the creation or activation process of your Fourwaves Account, as the case may be, and keep the information contained therein up-to-date at all times. 

You are responsible for maintaining the confidentiality and security of your Fourwaves Account credentials and may not disclose your credentials to anyone. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen or otherwise compromised or in case of any actual or suspected unauthorized use of your Fourwaves Account. You are liable for any and all activities conducted through your Fourwaves Account.

Your Fourwaves Account is not associated with any particular Event. We will keep your Fourwaves Account active after the end of all Events you participate in. To remove your account with us, you must actively request the deletion of your Fourwaves Account either through the Platform or by email at privacy@fourwaves.com.

Platform Content

Content available through the Platform, including text, images, drawings, video sequences, audio content, and logos is either our exclusive property or is used under appropriate license or permission from the owners, holders or licensees of the applicable rights. Some content available on the Platform is owned and controlled by Event Organizers or other users.

You may not modify, copy, distribute, run, transmit, transfer, display, provide, reproduce, publish, grant any licence or sub-licence in or sell any interest in any content available on the Platform, nor any content obtained through the use of the Platform, except as required for your personal or professional use of the Platform for the purpose set forth in these Terms of Use or with the permission of the relevant rights owner.

You agree that you will not copy, use or share content posted by other users of the Platform without their permission, where applicable.

You are authorized to share some Platform content on social media platforms, only through sharing features available on the Platform.

User Content

Some features of the Platform allow you to post content on the Platform that can be rendered accessible to the public, to Event Organizers and to other Event participants via the Platform (the “User Content”). You are fully responsible for any User Content you post on the Platform and must make sure that you have all necessary authorizations to publish such User Content. You represent and warrant to Fourwaves that you are authorized to share your User Content with the public worldwide and to grant us the license described below. You further warrant that your User Content does not infringe on other people or organisations’ rights, including intellectual property rights.

By posting User Content on the Platform, you retain all proprietary rights in and to your User Content, but you grant Fourwaves a worldwide, royalty-free and non-exclusive license to use, modify, adapt, translate, communicate to the public by telecommunication or otherwise any User Content only to the extent necessary to operate the Platform and provide our services to you and to Event Organizers. User Content that is not posted on public sections of the Platform will not be made available to the public.

When you post User Content to the Platform with respect to an Event, you agree that, depending on our choices, the general public, the Event Organizer and other participants in the Event may have access to your User Content. Fourwaves does not grant permission to any person to use your User Content other than as necessary to use the Platform, but Fourwaves does not take responsibility for the actions of Event Organizers, other Platform users and anyone visiting websites associated with an Event. You agree that you will not make a claim against Fourwaves because a third-party is misusing your User Content based on the fact that this third-party accessed your User Content through the Platform.

We may remove from the Platform any User Content posted in violation of these Terms of Use or if deemed inappropriate at our sole discretion. However, we do not systematically approve User Content before it is posted and will not be responsible for User Content.

Availability

The Platform will make its software available 24 hours a day, 7 days a week, except for scheduled maintenance and emergency downtime. The Platform shall provide at least 48 hours’ notice of any scheduled maintenance.

Performance

The Platform shall maintain an average uptime of 99.5% over any given calendar month. In the event of downtime, we will take all reasonable steps to restore service as soon as possible.

The status of our applications are accessible on https://status.fourwaves.com.

Support

The Platform will provide support at least during business hours (9:00 AM to 5:00 PM ET time) via email. We strive to answer all support requests within 24 hours. You can visit our help desk as well to help.fourwaves.com to find support articles and videos.

Personal Data

We may collect personal data through the Platform. To use the Platform, you must consent to the collection, processing and disclosure of your personal data in accordance with our Privacy Policy. By accepting these Terms of Use, you declare that you have read our Privacy Policy and that you give us your consent.

Under certain circumstances, the collection and processing of personal data is subject to your specific consent, which may be withdrawn at any time, as provided in our policy.

Event Organizers and Fourwaves collect and process personal data independently. Event Organizers may collect personal data about you when you participate in their Events. When you participate in an Event through the Platform, your profile will be shared with the Event Organizer and you may agree to terms or accept a privacy policy posted by an Event Organizer which shall govern such Event Organizer’s use of your personal data.

Users’ Feedback

If you chose to contact us about improvements to the Platform or to our services (such communications being hereinafter designated as “Feedback”), you authorize us to use your Feedback without restrictions. You warrant that your Feedback contains no information that is confidential or proprietary to third parties. You acknowledge that (i) we have no expressed or implied obligation of confidentiality with respect to your Feedback; (ii) we are authorized to use or disclose (or choose not to use or disclose) your Feedback for any purpose whatsoever, in any way, on any medium , anywhere in the world; (iii) we may already have considered or be in the process of developing elements identical or similar to those mentioned in your Feedback; and (iv) you will not be compensated in any way with regards to our use of your Feedback.

Prohibited Use

You may not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use.

Without limiting the generality of the foregoing, you are prohibited from, among other things, making any use of the Platform or allowing any third party to make any use of the Platform that:

  1. violates these Terms of Use; 
  2. violates applicable laws or regulations;
  3. involves copying, using or distributing any content available through the Platform without permission from the intellectual property rights holders;
  4. disseminates or promotes the dissemination of pornographic content; 
  5. harasses or advocates harassment of another person; 
  6. involves the transmission of unwanted junk mail, or mass e-mails (spam); 
  7. involves sending any malicious computer code, virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; 
  8. encourages illegal activities or conduct; 
  9. solicits passwords, or personally identifiable information for commercial or illegal purposes from other users; 
  10. interferes with or disrupts the functionality of any website or any server or network involved in the operation of the Platform; 
  11. systematically collects or "harvests" the names or other information about other users of the Platform; or 

Hyperlinks

The Platform may contain hyperlinks to other sites owned and operated by third-parties, including websites operated by Event Organizers (“Third-Party Sites”). We have no control over Third-Party Sites and disclaim all liability as to the content provided on such sites. Hyperlinks are provided as a courtesy to facilitate browsing and shall not be construed as an endorsement or approval by Fourwaves of any Third-Party Site or any content available on Third-Party Sites.

Terms and policies applicable to third-party websites and web pages related to Fourwaves (for example our Facebook and LinkedIn pages) may be different from these Terms of Use and in some cases could be under the control of third-parties. You should review any such terms or policies before visiting or using related websites or web pages.

Disclaimer of Warranty

Your use of the Platform and the services offered through it is entirely at your own risk. The Platform and the services offered through it are provided "as is" and, to the extent permitted by law, without warranty of any kind, whether express, implied or implied. 

We do not warrant that access to the Platform and the services offered by or through it will be uninterrupted or secure or that the content available through the Platform will be error-free, accurate, complete or current. We do not warrant the results obtained from the use of the website or the Platform or the accuracy or reliability of any information obtained through the website.

We do not warrant that material downloaded through the Platform is free of viruses or other destructive code that may damage or contaminate your computer equipment or other property. We will not be liable for any damage to your computer system or loss of data that may result from the download of any data or materials from the Platform.

Limitation of Liability

To the fullest extent permitted by law, you agree that Fourwaves will not be liable or responsible for any damages or injury of any kind that you may suffer in connection with your use of the Platform or as a result of your inability to use the Platform, unless such damage is directly caused by Fourwaves gross negligence or intentional action.

This limitation of liability includes, but is not limited to, loss of profits, loss of opportunity, property damage, equipment failure, disclosure of confidential information, penalties, fines and expenses that may be incurred or suffered by any user of the Platform as a result of their use of the Platform.

Indemnification

You agree to indemnify, defend and hold harmless Fourwaves, its affiliates, directors, officers, shareholders, employees, agents and licensors from and against any and all damages, claims, liabilities, losses, expenses, claims, fines, penalties, costs and liabilities, including reasonable legal fees and expenses, arising out of:

  1. of any alleged violation by you of these Terms of Use.
  2. any allegation that your User Content is infringing on the intellectual property rights of any person.

Governing Law

These Terms of Use and any related operations shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with these laws.

Any dispute, controversy or claim arising from these Terms of Use or from your use of the Platform and the services provided thereby shall be exclusively adjudicated by a competent court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other forum in any jurisdiction. You waive any right, if any, to claim that the aforementioned jurisdiction is not appropriate, including under the doctrine of forum inconveniens.

Severability

If a provision of these terms of use is, for any reason, found to be invalid, illegal or unenforceable, such invalidity, illegality or impossibility of performance will not impact the other provisions hereof, and these terms of use will be interpreted as if the invalid, illegal or unenforceable provision had never been a part of them.

Changes to Terms of Use

We may modify these Terms of Use at any time by notifying you at least 30 days in advance at your Fourwaves Account email address. 

Contact us

If you have any questions regarding our terms or to receive further information regarding Fourwaves, please contact us to info@fourwaves.com or by mail to:

226 rue Saint-Joseph Est #404,
Québec, Québec,
G1K 3A9