Terms of Use

1. Overview

This page outlines the terms and conditions under which Glass Canvas Media Inc. (“Glass Canvas”, “us”, “we” or “our”) provides the use of our Software service, sites, web applications, desktop and mobile applications (collectively referred to herein as “Tilma” or “Tilma Platform”).

Please read this page carefully. Your access to and use of Tilma (whether you are a Customer, Administrator, Authorized User or Individual, as described in further detail below), is conditioned upon your acceptance of and compliance with these Terms. In other words, these Terms of Use are a binding contract between you and us. By entering into these Terms of Use, you further acknowledge your understanding and acceptance of our Privacy Policy.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Tilma thereafter. your continued use of Tilma, following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as these terms constitute a legally binding agreement between us and you.

2. Users / Accounts

2.1. Creating Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

2.2. Customers

The organization (e.g., the Diocese or Parish) is our customer (the “Customer”). An individual who has the full authority to enter into binding contracts and conduct business on behalf of the Customer (the “Account Owner”) must be the person who creates the Tilma account on the Customer's behalf (the “Account”). We may require the Account Owner to provide proof of authority to enter into contracts on behalf of the Customer, and we reserve the right to suspend the Customer's access to Tilma until such proof is provided. However, we specifically disclaim all liability for an Account that was opened by an individual who had no authority to do so on Customer's behalf.

By creating an Account, Customer represents and warrants that the Account Owner has full authority to create the Account; that all registration information that the Account Owner submits is truthful and accurate; and that Customer will maintain the accuracy of such information. If any of the Account information changes, the Account must be immediately updated with the current information. Information related to the Account can be changed or updated by going to the “Settings” area of your Tilma Product and modifying the pertinent information. You can also contact us with questions on how to update or change your information by email at support@tilma.io.

2.3. Account Owners

Upon the creation of the Account, the Initial User is automatically deemed an Account Owner of the Account. The Account Owner may delegate additional Account Owners who have full access to manage the Account and use Tilma (collectively, the “Account Owners”). The Account Owners must also have full authority to enter into binding contracts and conduct business on behalf of the Customer. We may require the Account Owners to provide proof that they have the authority to enter into contracts on behalf of the Customer. However, we specifically disclaim all liability for the actions of Account Owners who had no authority to act on Customer's behalf.

Account Owners may be added or deleted by another Account Owner. In the event an Account Owner is deleted, the Account Owners shall cease to have access to Tilma and any information within Tilma. In addition, an Account Owner, acting on behalf of the Customer, may delete the Account and therefore all data and information related to the Account in Tilma. Account Owners, acting on behalf of the Customer, may also rename the Account or sign up for additional features of Tilma. However, Account Owners shall not take any action or inaction that is disparaging to the Customer or contrary to the Customer's mission or instructions. We are not liable for the conduct of a Customer, Account Owners, including, without limitation, deletion of data, improper use of data, inappropriate information posted, violation of laws related to privacy, or any other conduct by a Customer or Account Owner.

In the event of a conflict among Account Owners or between Account Owners and the Customer, the Customer must resolve the issue and provide us with written instructions on how to proceed that are signed by the Chief Executive of the organization. We will proceed based on those instructions. In the event of a conflict over the identity of the Chief Executive, we will act in accordance with a court order that names the Chief Executive. If a dispute requires us to engage counsel, the Customer agrees to pay our fees and costs. We may suspend the Tilma account until said conflict is resolved.

2.4. Authorized Users

“Authorized Users” are users who are granted permission to access Tilma by either (i) an Account Owner, or (ii) another Authorized User that has been given the permissions to add additional Authorized Users by an Account Owner. However, Authorized Users will not have access to the same administrative features as Account Owners. Authorized Users acknowledge and agree that an Account Owner or another Authorized User may (a) remove their access to Tilma; or (b) delete or change any information that such user has entered into Tilma.

Authorized Users shall not take any action or inaction that: interferes with the Customer's ability to use Tilma, is disparaging to the Customer, or is contrary to the Customer's mission and/or instructions.

2.5. Individuals

“End Users”, “Users” or “Individuals” are single users who have a connection with the Customer (e.g., a member of the parish). Individuals can sign up to use and access certain features of Tilma such as event registration and donations. To be clear, Individuals do not have full access to all features of Tilma, and Individuals' accounts are linked to the corresponding Customer. This means that the Customer, Account Owners and/or Authorized Users can view information and data that Individuals have entered into Tilma.

Individuals acknowledge and agree that the Customer and its agents can view, access and use the information and data Individuals have entered into Tilma. Individuals also acknowledge and agree that Account Owners or Authorized Users may (a) remove their access to Tilma; (b) delete or change any information that such Individual has entered into Tilma; or (c) delete the Individual's entire Account, which would result in the deletion of all data from the Individual.

6. Intellectual Property Rights & Copyright

6.1. Our Intellectual Property

Tilma, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall "look" and "feel" of Tilma, are the sole property of Glass Canvas Media Inc., and are the protected patents, copyrights, trademarks, and service marks of Glass Canvas Media Inc. (the “GC IP”). Content which is not created by us, including all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the GC IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the GC IP unless you obtain our explicit written consent. We grant you a license to use the GC IP for the sole purpose of accessing and using Tilma.

6.2. Using your Feedback

We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

6.3. DMCA

We are committed to protecting copyrights and expect our users to do the same. We abide by the federal Digital Millennium Copyright Act ("DMCA"). If the owner of a proprietary work believes that a user of Tilma is using his/her/its proprietary work and that work has been copied in a way that constitutes a copyright infringement, please send us a written notification to the following address:

Glass Canvas Media Inc.
9220 Glover Rd.
Langley, BC V1M 2R4
Canada

Email: support@tilmaplatform.com

The written notification should include substantially the following information (please consult legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process the notification, please use the following format:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that the copyright owner claims has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on/in Tilma;
• Information reasonably sufficient to permit us to contact the copyright owner, such as his/her/its address, telephone number, and, e-mail address;
• A statement that the copyright owner (or his/her/its representative) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that the signatory is the copyright owner or is authorized to act on behalf of the owner.
  

4. Counter Notice

If you disagree that you are infringing on another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following information (please consult legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process the counter notification, please use the following format:

• A physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. These Terms of Use are not legal advice, and before sending either a copyright infringement notification or counter notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

7. Paid Services and Fees

7.1. How We Bill for Tilma

If you sign up for a paid account, you have the option of paying by check or by credit card in the following manner:

If you elect to pay via check, we will send you an invoice 30 days before payment is due. You have the option to choose to pay for your account every one (1) or twelve (12) months.

If you elect to pay via credit card and you (i) initially sign up for a paid account, and (ii) do not cancel that account within 30 days, your card will be automatically charged starting on the 30th day after your account was initially created. We will continue to charge your credit card each month on the same day of the month that your credit card was first charged until you cancel your account with Tilma. For example, if you signed up for a paid account on April 1, your credit card will be charged on May 1 (30 days later), and will be charged on the 1st of the month every month thereafter until you cancel the Services. If you cancel prior to the processing of your first invoice prior to the 30th day, you will not be charged. See Section 8, below, for how to cancel Tilma.

To be clear, if you sign up for a paid account and (i) choose to pay via credit card and (ii) do not cancel at the end of 30 days, YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED THE AMOUNT OF THE PAID ACCOUNT PLAN AND YOUR PAID ACCOUNT PLAN WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF ONE MONTH. AS SUCH, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT THE THEN-CURRENT RATE ON THE SAME DAY OF THE MONTH, EACH MONTH, UNTIL YOU CANCEL YOUR TILMA ACCOUNT. For current pricing, you can contact us at pricing@tilma.io.

7.2. Custom Agency Work

Customers requiring Glass Canvas’ agency services (e.g. custom development, design, strategy, content, etc..) will be subject to the terms of our Master Services Agreement and subsequent Statements of Work or Work Orders. All these services will be charged on a time and materials basis. If you would like to inquire about custom agency work, please contact us at sales@tilma.io.

7.3. Refunds

Tilma is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for unused months of Tilma. In order to treat everyone equally, no exceptions will be made.

7.4. Changes to pricing

We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.

7.5. Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

7.6. Expired Credit Cards

In the event your credit card expires or cannot be charged, you will have 30 days to remit payment to us before we suspend your Account and your access to Tilma pursuant to our termination provision below. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the suspension of your Account.

7.7. Chargebacks

If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer support at support@tilma.io, before filing a Chargeback. We reserve our right to dispute any Chargeback.

8. Cancelation and Termination

8.1. Canceling your Account

Customer is solely responsible for properly cancelling the Account. An email or phone request is the best method to request cancellation of your Account. If you have questions regarding cancelling an Account, we are happy to help. Just email us at support@tilma.io or give us a call at +1 (236) 301-8165. However, please be aware that you will no longer have access to Tilma and all Customer Data will be deleted after one (1) year. Customer Data cannot be recovered once your account is cancelled and one year from the date of cancellation has passed. Thus, we require that the Account Owner who is cancelling the Account on behalf of the Customer have the Customer's full authorization and consent.

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of Tilma for any reason at any time, including a violation of these Terms of Use. In addition, in the event you fail to remit payment for Tilma, we shall suspend your account and, after 30 days, terminate your Account. In the event we terminate your Account, the termination will result in (i) the deactivation or deletion of your Account, and (ii) the forfeiture and relinquishment of all Customer Data after one year from the date of termination has passed. After termination, you will no longer have access to Tilma. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

8.2. Terminating your Account

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

9. Online Giving & Payment Processing

9.1. Giving online

Individuals who choose to set up recurring online giving, charges are billed to their valid payment information on a subscription basis ("Recurring Giving Subscription(s)"). They will be billed on a recurring and periodic basis ("Billing Cycle").

At the end of each Billing Cycle, the Individual’s Recurring Giving Subscription will automatically renew under the exact same conditions unless it is canceled by us, the Customer, the Authorized User, or the Individual. Individual’s may cancel their Recurring Giving Subscription renewal either through their online profile or by contacting the Customer.

A valid payment method, including credit card, is required to process the payment for your Recurring Giving Subscription. You shall provide Glass Canvas with accurate and complete billing information including full name, address, state/province, zip/postal code, telephone number, and valid payment method information.

Should automatic billing fail to occur for any reason, you will be notified and you can update your payment information either through your online profile or by contacting the Customer.

9.2. Our payment processor

We use a third party payment processors to bill you through a payment account linked to your Account. The processing of payments will be subject to the merchant agreement of the Payment Processor, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

If you are using our payment processor to process your online donations. You will need to agree to the merchant agreement, provided during the onboarding process.

9.3. Financial Liability

Glass Canvas assumes no liability due to scenarios including but not limited to fraud, chargebacks, refunds, or other functions relating to online giving, and functions relating to text giving.

10. Disclaimers and Warranties

10.1. Release and Limitations of Liability

You agree to release Glass Canvas Media Inc. and our employees, directors and officers from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use and/or your use of Tilma.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) AND THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, TILMA AND/OR THE CONTENT WITHIN TILMA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR TILMA.

10.2. Warranties

By entering into these Terms of Use you acknowledge and agree that we are simply providing Tilma for free, or at times for a fee, and that we make no warranties of any kind relating to Tilma, any data or content contained within or related to Tilma, any data or content available through Tilma, and documents or information available through Tilma. Furthermore, nothing on or within Tilma shall be considered an endorsement, representation, assumption of, responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.

WE DO NOT WARRANT THAT TILMA, OR THE CONTENT AVAILABLE ON OR THROUGH TILMA, WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF TILMA RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF TILMA AND THE INTERNET IN GENERAL. TILMA IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GLASS CANVAS MEDIA INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF TILMA, SOFTWARE, TEXT, GRAPHICS AND LINKS.

10.3. Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Tilma must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

11. Limitation on Liability

IN NO EVENT WILL GLASS CANVAS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GLASS CANVAS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify and hold harmless Glass Canvas Media Inc. and its employees, officers, directors and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Use, your breach of representations and warranties made in these Terms of Use, your violation of any other person's intellectual property, your conduct (including but not limited to violations of the law), and your use of Tilma. The Customer specifically agrees to defend, indemnify and hold harmless Glass Canvas Media Inc. and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the actions or inactions of Customer and its Account Owners, Authorized Users, and Individuals.

13. Miscellaneous Provisions

13.1. Use Tilma at your own risk

Your use of Tilma is at your sole risk. The Services are provided on an “as is” and “as available” basis.

13.2. Access outside the USA and Canada

We make no claims that Tilma is appropriate or legal to be viewed by certain persons or in certain countries. If you access Tilma from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

13.3. No waiver and partial validity

The failure of Glass Canvas Media Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Glass Canvas Media Inc. and governs your use of Tilma, superseding any prior agreements between you and Glass Canvas Media Inc. (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

13.4. Arbitration

Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.

You agree that any dispute related to this Agreement, your use of Tilma, or any dispute related to your relationship with Glass Canvas Media Inc. or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the International Centre for Dispute Resolution in Canada (ICDR Canada). The ICDR Canada Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The ICDR Canada Rules of Arbitration are available on ICDR’s website, https://www.icdr.org/icdrcanada. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

13.5. Jury Trial Waiver

Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.

You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Glass Canvas Media Inc. in any province, state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

13.6. Class Action Waiver

Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.

ALL CLAIMS AND DISPUTES BETWEEN YOU AND GLASS CANVAS MEDIA INC. MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

13.7. 30 Day Right to Opt-Out

You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement by sending written notice of your decision to opt out to either Glass Canvas, 9220-Glover Rd, Langley, BC V1M 2R4, Canada; or support@tilma.io (with the subject line: Opt-Out of Arbitration, Jury Trial Waiver and Class Action Waiver Provisions) within 30 days from the date you first create an Account. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply; you must bring claims per the Section labeled “Governing Law,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement. Since the information provided in this Agreement is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.

13.8. Equitable Relief

You understand and agree that due to the nature of these Terms of Use, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Use by you.

13.9. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the Province of British Columbia without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall be exclusively brought by arbitration in Vancouver BC, Canada.

13.10. Entire Agreement

These terms constitute Glass Canvas Media Inc.’s entire binding Terms of Use, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Glass Canvas Media Inc.’s Services.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

13.11. Digital Admissibility

You hereby agree that a printed version of these Terms of Use shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.

Contact Us

Any questions about this Policy should be addressed to our support team at support@tilma.io by calling +1 (236) 301-8165.