Note: Itemtopia’s Terms of Service outlined below is currently available in English only

Terms of Service

Last Updated April 16, 2024

Welcome to Itemtopia!

Itemtopia is an asset management, inventory and file management system for businesses, homes, people, collectors and anyone else that wants to be better organized by storing the data about their personal details within Itemtopia. Itemtopia Inc. offers an app (which includes versions or portions thereof which are available on a desktop, mobile, browser and smartphone application and all or any portion thereof collectively known herein as the “App”) branded as “Itemtopia” (with variations on the name for different versions), which allows users of the App to enter, track, find and view data about things, (also known as assets), services, images, documents and other data so they can become more productive at home and at work (and the App’s functionality and capabilities are collectively known as the “Service”). The App is currently available for download through Apple’s App Store and Google’s Play Store (each, the “Store”). These Terms of Service (these “Terms”) govern your use of the Itemtopia application whether this is from using it downloaded on the Store or www.Itemtopia.com (the “Website”). The App and the Service are owned by Itemtopia Inc., a Canadian corporation (“Itemtopia,” “we,” “us,” or “our”).

Account Terms

1. You represent and warrant that you are authorized to use the App and the Service. Furthermore, you represent and warrant that all of your registration, account and payment information is true, accurate and complete at all times. You accept all responsibility for maintaining the security of your password. Any activities, actions or security concerns which Itemtopia feels breach these warranties may result in immediate termination or the suspension of your account - without, if applicable, any refund.

2. To be eligible to use the Services, you must be at least 13 years of age and any child between the ages of 13 and 18 that wishes to use the Service must be registered by a parent or guardian.

3. You must create an account and have a valid email address in order to use the Service. You acknowledge that Itemtopia will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Itemtopia and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Itemtopia can only be authenticated if they come from your Primary Email Address.

4. User Names (when applicable) are allocated on a first-come, first-serve basis however we reserve the right, in our sole discretion, to refuse to issue a particular username, or remove/reclaim any username.

5. You accept all responsibility for maintaining the security of your password. Any activities, actions or security concerns which Itemtopia feels breach these warranties may result in immediate termination or the suspension of your account - without, if applicable, any refund.

6. You acknowledge and agree that you may only access and use the App, and the Service for lawful purposes and in accordance with any use or account restrictions defined in these Terms. If your account is subject to any per-user seat restrictions, only one seat may be used per person and you are responsible for purchasing a sufficient number of users for your needs and actual Service use.

Changes to this Terms of Service Agreement

Itemtopia may change and/or update these Terms from time-to-time within the App and if you agree or continue to use the Service after receiving a Notification within the App Menu or an Email, you will be deemed to have accepted these changes. If you do not agree to any changes or modifications to these Terms your sole recourse is to stop using the Service.

Privacy Policy

You agree that your use of the App and/or the Service signifies your acknowledgment of, and agreement to, the Privacy Policy found at Privacy Policy (“Privacy Policy”) and found at https://itemtopia.com/privacy-policy/. If you are a resident of any country outside the United States, you understand and agree that we will store and process your personal information on computers located in the United States, and that by providing any information or Content to us, you consent to the transfer of such information to the United States.

Ownership of Account and Sole Communication via Email Address

You sign up for an Account with us with either a personal email address, or a company or non-personal email address provided to you by an organization other than your personal self. This is important to understand as our relationship with the user of the service is via this email address. Therefore, should you be terminated from this organization and no longer have access to this email address, then this other organization other than yourself will have the right the cancel your access to this data, reset your password, view the data and do anything with your access to the Service they want; including deleting any or all data. Therefore, do not sign up for an account without understanding that your email address is the sole method we use to confirm who you are and whether you want to change, delete or modify the data or access to the account. If you are the primary contact and/or administrator of your organization’s relationship with Itemtopia, you acknowledge and agree that all users you authorize to access Itemtopia on behalf of your organization have reviewed and will comply with all terms and conditions herein.

Service Content

1. The App allows you to add/create/post/view data (“Data” or “Content”) using the Service and has or will allow for the sharing of this content with other people (family, employees, clients or others). You may post text, videos, documents, comments, suggestions, ideas, reviews, information and/or other content (“Content“) within the Service, App and website so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or contain any form of “spam.” If this information is made publicly available within the Service to others, we reserve the right to remove or edit any Content whatsoever for any reason. We take no responsibility and assume no liability for any Content posted by you or viewed by you from any third party.

2. The information, Data and Content you add to the Service is stored on your local phone/device, computer and we also transmit this Data via the internet to computers and servers which are used for backup, syncing various devices and for sharing your Data with parties authorized for access to this Content. Therefore, for us to provide our Service to you, you give us the right to save, store, transmit, your Content to our computers and to send this Content back to you so you can use the Service – which further means you give us a non-exclusive, royalty-free, world-wide, perpetual, fully transferable license to use, store, reproduce, translate, adapt (so we can properly present your Content), distribute and display your Content to provide the Service to you. At any time, you may delete your Content from the Itemtopia Service, or delete your account in your account “Settings”. When you delete Content or your account is terminated, we remove all of your Content from the Itemtopia Service however it may remain in backups, and you give us the right to keep this data in our backups however backups do not mean this data is recoverable to you.

Service Functionality and Features

You or your organization’s personal information is stored within and viewed from the Service and our App or Website. You understand and agree that the Itemtopia Service is growing and evolving based on feedback from our users and staff. Itemtopia reserve the right to make necessary deployments of changes, updates or enhancements to the Service at any time. We also may add, remove, upgrade or downgrade any functionality or features, or we may suspend or stop the Service altogether at any time. Certain features which are free may become a paid Service or feature and certain paid features may become free for you or for other users.

Termination of Service

We reserve the right to suspend or terminate your access to the Service, without notice, and without any liability to you, at any time in our sole discretion. This includes the right to block or prevent your access to the Website, the App, and the Service, and to terminate any rights you may have under these Terms (such as the right to use the Service). If your account is suspended or terminated, you may lose access to the Content stored with the Service. However, upon termination, you may request access to your Content, which we will make available to you, except in cases where we have Privacy Policy. You must make this request within 14 days of termination. After this 14-day period, we will have no obligation to maintain Content stored in your account.

We reserve the right to make necessary updates, changes, or enhancements to the Service at any time. We may also add, remove, upgrade, or downgrade any functionality or features, or we may suspend or discontinue the Service altogether at any time.

Reviews and Feedback

By submitting feedback to us from within the App, or by you writing or sharing a Review on any Store, you acknowledge and agree that your comments may be shared by Itemtopia and you grant Itemtopia a non-exclusive, royalty-free, perpetual, sublicensable license to host, use, reproduce, modify, publish, perform, translate, create derivative works from, distribute, and display the Review or feedback throughout the world in any media (now or hereafter known).

Your Account Activity, Actions and Recalls

1. If you have not logged into your account for some time, we may email you a notice to remind you of your Content on our Service. Failure to respond or react after an unspecified period of time may result in us terminating your account and deleting your data. Please ensure that your email address is kept updated.

2. Your use of the Service is limited in that we are not obligated to store an unlimited amount of Content and we are aware that some users may attempt to take advantage of our Service and use it to store a large amount of Content. Therefore, we retain the right to terminate your account and delete the contents without further notice if we believe you signed up for multiple accounts or are not an authentic actual user of the Service, or you have not been responsive (solely in our opinion) to a corrective action email or notification request which we send to you.

3. With regard to the Vehicle Recall Information provided within the Service, do not solely rely on it as we provide as this recall data sourced from databases that collect recall information. Some countries products have different vehicle model names/numbers therefore recalls may or may not appear and the information is not guaranteed to be accurate. You agree to hold Itemtopia harmless for not alerting you to a recall when one may or may not exist.

Our Property and Your Restrictions

Itemtopia Inc. owns all rights to our logo, the Itemtopia Services, and our website, including any intellectual property rights related to them. Our look and feel is copyright and you may not copy or use a similar look or utilize unique features to incorporate these into another product or Service. You may not reuse, distribute, copy, or duplicate any part of the Service, including the Itemtopia HTML/CSS, JavaScript, logos, or visual design elements without express written permission from Itemtopia.

DMCA Notice and Takedown Procedure

Itemtopia complies with the Digital Millennium Copyright Act (“DMCA”). Upon receiving a DMCA Notice with information regarding an infringement send to legal@itemtopia.com, we may remove or disable access to any Content claimed to be a copyright infringement without notice, and you will have an opportunity to reply with a counter notification by objecting to this action. The original complainant has 14 days after we receive a counter notification to seek a court order restraining you from engaging in the infringing activity, otherwise we have the option to restore the Content.

Use Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service, (c) you shall not access the Service in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means.

No Warranty, Indemnification, Release, Limited Liability

THE SERVICE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ITEMTOPIA AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions.

You understand, accept, and agree that Itemtopia is not responsible or liable for, and you hereby release Itemtopia, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with Itemtopia or other Itemtopia Service members, whether those interactions are through the Itemtopia Service or in the real, physical world, (b) your own acts and omissions, and (c) your Content. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITEMTOPIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITEMTOPIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ITEMTOPIA’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO ITEMTOPIA DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Itemtopia’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Itemtopia may assign the Terms at any time without restriction. The terms and conditions set forth in these terms shall be binding upon assignees.

Legal Terms and Contract

The Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. However, you agree that Itemtopia may apply for injunctive remedies in any jurisdiction worldwide. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. If you are an U.S. government entity or if these Terms otherwise becomes subject to the Federal Acquisition Regulations (FAR), you acknowledge that elements of the Service constitute software and documentation and provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government user as a commercial computer software subject to the restricted rights described in 48 C.F.R. 1.101 and 12.212.

Consent to Electronic Communications via Email

Notwithstanding any terms to the contrary in these Terms, you agree that Itemtopia may choose to deliver all communications with you via the registered email address on file within the Service account, and that it is your responsibility to keep your email account active with us in order to use our Service. Any notices with respect to modifications to these Terms may be sent to you through email in addition to being made available through the Service, however you agree to do business electronically with Itemtopia, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received when the email is sent to you. If you don’t consent to receive notices (including updated materials with regards to features or changes to the Service) electronically, you must stop using the Service.

Subscriptions; Fees; Automatic Renewals.

1. Itemtopia provides the Service with both Free and Paid plans (“Subscriptions”). The Free plan is limited in some features, and we are not obligated to continue offering a free version and this can be terminated by Itemtopia at any time. You may convert to a paid Subscription in order to continue using the Service or discontinue use of the Service under the free Subscription by the date provided.

2. Itemtopia offers premium, paid Subscriptions through the Website and App, and pursuant to separately executed Order Forms. If you sign up for a paid Subscription, you agree to pay any and all applicable fees (“Fees”) presented to you at the time you enroll in a Subscription or as described in the Order Form, as applicable. If you sign up for a Subscription through the Store, please note that we and/or the Store reserves the right to change the quoted currency and the price at any time. You are responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). The Store/we calculate taxes payable by you based on the billing information that you provide us at the time of subscription.

3. Subscriptions will automatically renew at the end of the applicable period, either monthly or after the defined term, unless you cancel or downgrade your account (as applicable) before the end of the applicable period in accordance with these Terms. If you do not wish your Subscription to renew automatically, you either (i) need to manage your Subscription through the Website, App, or Store, as applicable, or (ii) by contacting us at support@Itemtopia.com. You acknowledge and agree that deleting the App off of your device without following the process described in this subsection will not terminate the automatic renewal for your Subscription.

5. Cancelling your Subscription: You must use the same Store to cancel your subscription as Itemtopia cannot halt a subscription renewal should you wish to not continue to use the Service. See your Store for complete Subscription renewal terms and rules.

6. We reserve the right to change our Fees at any time in our sole discretion. We will notify you in advance, either through the Service, the App, the Store or to the email address you have most recently provided to us, if we change the Fees applicable to your Subscription to a higher fee. If there is a specific length and price for your Subscription, the Fees will remain in force at that rate for that time, unless otherwise specified in the Store or in an applicable Order Form. After the offer period ends, you will be assessed the modified Fees that your continued use of the Service will be charged and presented a new price. If your Subscription is on a period basis (for example, monthly or annual) with no specific term, we will notify you of any change in Fees at least 30 days in advance, unless a shorter period is specified by the Store. If you don’t agree to these changes, you must cancel and stop using the Service by visiting your Store and terminating the renewal for the next period as we do not have access to your Store to cancel the Subscription for you.

5. For all Subscriptions for which you are charged Fees, you agree that you: (a) are required to have a Itemtopia account for each user; (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased; (c) are responsible for setting your configurations of your specific Service; and (d) are responsible for managing all of your devices and/or systems that you use to access your specific Service.

6. If you terminate your Paid Subscription and still want access to some or all of your Content, the Free Subscription version may or may not allow you to access all or any of your Content due to the differences between the two versions, and we are under no obligation to provide you access to your Content should you terminate your Paid Subscription.

Trial Periods

From time to time, in our sole discretion, we may offer trial or pilot Subscriptions or access to some of features and functionalities of the Service for a limited period of time. We reserve the right to modify or alter the offerings (including any and all features and functionalities) of trial or pilot Subscriptions at our sole discretion. You may cancel at any time until the last day of your trial. You may be required to provide a payment mechanism as a condition of your trial period or Subscription. After the trial period expires, your trial or pilot Subscription may convert automatically to a paid Subscription unless you cancel prior to the last day of your trial.

Billing, Payments and Refunds

1. At this time, Itemtopia does not provide any payment gateway or handle any payment processes for any users of the App, including you; except that you may be asked to provide your payment details through the Website although such details are accessed and processed at the back-end entirely by our third party payment processor(s). The entire billing and payment process is handled either by the Store (if you download the App through the Store) or through third party payment processor (if you access the Service through the Website), and you must comply with the payment terms and other instructions, as specified on the Store or such third party processor, as well as any other terms stated on the Website, the App or in these Terms. Without limiting the foregoing, and only by way of explanation, you must be authorized to use the payment method that you enter when you create a billing account. You authorize the Store or our third party processor (as applicable) to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms or any Store terms are in force.

2. We typically bill in advance on a recurring monthly or annual basis for Subscription. Also, the Store may charge you up to the amount you have approved and may choose to notify you in advance of the difference for recurring Subscriptions.

3. You must keep all information in your billing account current. You may access and modify your billing account information (including your payment method), or modify or cancel your Subscription through your account or through the Store. If you choose to downgrade your Subscription, you may lose access to the features or functionalities of your previous Subscription for the remainder of the Subscription term. If you choose to cancel your Subscription, you may be allowed to downgrade to lower subscription (less costly Subscription) or downgrade to a free version with less functionality, or you may be required to delete your account. Cancelling the Service will not result in any refunds whatsoever for any remainder of your subscribed term. You will not be charged for a subsequent renewal if you have timely cancelled your Subscription at least 30 days in advance for monthly plans and 60 days in advance for annual plans. Payments for all plans are due at the time you sign up for them, unless we expressly agree otherwise in writing on a case-by-case basis. You retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 7 days (unless another period is specified by the Store), your account will be deactivated and all files will no longer be retrievable or accessible unless there is an option within the App to still retain access to your data.

4. Except as specifically set forth in this section, all Subscriptions are prepaid for the period selected (monthly, annual or otherwise) and are non-refundable. This includes accounts that are renewed, automatically or manually.

5. Except as prohibited by law, we or the Store may assess a late charge if you do not pay on time. You must pay these late charges when we or the Store bills you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate permitted by law, unless the Store specifies a higher interest rate. We or the Store may use a third party to collect past due amounts. You must pay for all reasonable costs we or the Store incurs to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We or the Store may suspend or cancel your Service if you fail to pay in full on time.

6. As stated above, we do not provide a payment gateway or store any of your payment details, including any credit card details. Your payment details are stored on the Store or with a third party payment processor in conformance with the Store’s or such processor’s policies, as they may be updated from time to time. In addition to complying with these Terms and other of our applicable policies, you are required to comply with all our third party provider policies from time to time. In the event of any conflict between our policies and those of any third party provider, the most restrictive policies will bind you.

Third Party Sites and their Content and Advertising

1. You and We may provide links to or host content from third-party websites, products, and other content (collectively referred to as "Third Party Sites and Content"). However, these links and content are provided for the convenience of our users, including you, and do not indicate that we endorse, approve, or control the websites or the information or content contained in them. We do not claim responsibility or make any representations about the quality, accuracy, nature, ownership, or reliability of such Third Party Sites and Content. You may use these links and content at your own risk, and when you leave our Website or App, you should be aware that our terms and policies no longer apply. Therefore, you should review the terms and policies, including privacy and data gathering practices, of any website you navigate to from our Website or App.

2. We may display advertisements and promotions from third parties on our Website or App, or provide information or links to third-party products or services. Any business dealings, correspondence, or participation in promotions with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage incurred as a result of such dealings, promotions, or the presence of third-party advertisers or information on our Website or App.

General Conditions

1. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Itemtopia and govern your use of the Services and your Account, superseding any prior agreements between you and Itemtopia (including, but not limited to, any prior versions of the Terms of Service).

2. The failure of Itemtopia to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.

3. Save for Itemtopia and its affiliates, you or anyone accessing Itemtopia Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.

4. The Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws.

5. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Itemtopia’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.itemtopia.com/privacy-policy/ will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Itemtopia (acting in its sole discretion) or as required by applicable law.

6. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Itemtopia will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Itemtopia’s prior written consent, to be given or withheld in Itemtopia’s sole discretion.

7. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

8. On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections or Terms regarding privacy and confidentiality will survive the termination or expiration of these Terms of Service.

9. Your acceptance of this Agreement includes the acceptance of the Itemtopia AI Terms and Conditions Agreement, which may or may not also require a pop-up acceptance within the Application.

Updated April 14, 2020

Your Privacy and Security is Important

Itemtopia Inc., (“Itemtopia”) takes data privacy and security seriously.

Our application collectively herein or singularly is known as “Itemtopia Services”, “Itemtopia” or “Service” or “Services”). “Content” is understood to be something you add to the Service and something we may supply to you.

We are a Service which is designed to help our users maintain information about their things in their life.

Your data is 100% your own. You own it. You added it. You control it. Period. We cannot be more clear other than to say that your data is not available or disclosed or used in any way, other than to provide you this Service, and to make sure that the Service is performing as expected. This means a few things. We must ‘use’ the data to save it and to back it up for you. So, it is used to transmit and store it. Secondly, to save it and back it up, we need to know what your IP address is. With the IP address, we also collect what type of device you have. Thirdly, we are here for you – our users, and we are not selling advertising within our Service or collecting your data for any purpose other than for your needs – and to improve our product. We do use this data to determine how you are using our Service, and we aggregate non-personally identifiable data so we can improve the Service for you. An example of how and why we use this information is that if you (or others) create customized expense types or item categories that are similar, we may use that information to make a new features within our Service. Should support or feedback on any issue occur that requires our attention, your data may need to be accessed to help you or to reply appropriately to your issue or for analysis by our team. Your data is stored on your local device, and for a period of time, it is backed up to a cloud server to ensure there is a copy should you lose your phone.

When you sign up with Facebook, Google, Apple or you use an email address to sign up, we receive identifiable information such as your email address and with some services like Facebook, we also receive your name. If you do not wish to provide your name, sign up directly as your name is not required.

We also collect information if you ask us for assistance with support or to answer your questions.

To understand how our users interact with our Service, Itemtopia uses Google Analytics but you remain anonymous to us and our team with this tool. We do not know who you are.

Email Communications

From time to time we may email you information about Itemtopia that we think is necessary and important. By opening or maintaining an account with Itemtopia, you agree to receive emails as part of your basic service. You can always opt-out of non-administrative emails.

Information Sharing

We will only ever share personally identifiable information in these circumstances: (1) if you opt-in to some service we offer and tell us it is OK to do so (2) if we believe that we need to do so to comply with applicable law or legal obligations (3) if, on YOUR BEHALF, we or our partner needs to contract with a third-party service provider to offer services for you — (for example, with a credit card processing company) if you decide to buy something or register something through the Site.

As a Canadian Incorporated entity, we will resist every legal request to access any information and we promise to be fully transparent about requests and to do so publicly by stating how many requests have been made and how many have been successfully concluded.

Data Storage and Deletion of Accounts and Data

Our Service use AWS to store all Content data, and we are proud to say that AWS Global Cloud Infrastructure is the most secure, extensive, and reliable Cloud Computing environment anywhere, on and off the planet. AWS is used by Amazon and is owned by them, and it has the longest-running history for managed cloud services.

We are committed to protecting the security of your information. We use a variety of industry-standard security technologies and procedures designed to help protect your information from unauthorized access, use, or disclosure. Even with AWS, and with 256SSL data encryption on the transmission of any data to or from AWS (similar to a banking or credit card transaction using 256SSL), it is impossible to eliminate every potential security risk associated with internet-accessible information. While the world-class server infrastructure we use is contracted to us by Amazon’s AWS service, you agree to hold us harmless and not at fault should there be any security failure or disclosure of your data.

We have made it easy for you to delete your data from your account from within the User Settings menu option. This will remove all your Content from our Services. However, backups of your Content remain on our servers until those backups are deleted- but this data is inaccessible for you restart the Service, so please be sure you wish to remove your account before doing so.

Itemtopia and Cookies

Itemtopia uses cookies (which is a small piece of information about your internet activities) to enable our servers to recognize your web browser and tell us how and when you use the Site. We use cookies to identify our users, provide automatic login, and personalize your Itemtopia experience. If you turn off cookies with your web browser, the Site may not work properly, and in some cases, you may not be able to log into the Site at all. There are many other third-party services and web sites that may place cookies in your browser. Our privacy policy only covers our use of Itemtopia cookies, not cookies used by third parties.

A Note to Users Outside of North America

You acknowledge and agree that Itemtopia’s software team and business operations are located in Canada and that our operations do utilize servers located in the United States but our USA based computer servers may also store replicated data in other parts of the world to ensure the most reliable and efficient Service on a global scale. As a result, regardless of where you live, your Content is transferred to and stored in the United States and most certainly Canada, but it may grow to include other countries.

Changes to the Itemtopia Privacy Policy

Itemtopia may update this policy from time to time. If you continue to use the Service after the stated effective date, you will be deemed to have accepted the change.

Security

Itemtopia welcomes the assistance of the security community. We especially appreciate help finding vulnerabilities, so if you are a security specialist and find a vulnerability, please let us know right away at security@itemtopia.com Please note, however, that while doing your research, you may not destroy or hurt Itemtopia, harm the performance of our services, or violate the privacy of our users, their accounts, and data. As long as you work within the bounds of these rules and our policies, we are grateful for your help. And, we will send you a token of our appreciation with a very cool t-shirt with our logo saying how smart you are.

Contact Information

We welcome your comments or questions regarding this Privacy and Security Policy. Please e-mail us at legal@itemtopia.com or via our contact page on our website.