Legal

Terms of Service

The terms and conditions governing your use of TrialKey software products and services.

// Effective date
2024-01-01  |  Last updated: 2024-01-01

These Terms of Service govern your access to and use of the products and services provided by TrialKey at trialkey.ca (the “Service”). Please read these Terms carefully before using our Service.

By accessing or using our Service, you confirm that you are at least 18 years of age, have read and understood these Terms, and agree to be bound by them. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

1. Acceptance of Terms

By accessing or using any TrialKey software product, website, or service (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not access or use our Service.

These Terms apply to all visitors, users, and others who access or use the Service. TrialKey reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Service following any changes constitutes your acceptance of the revised Terms.

2. Description of Service

TrialKey develops and distributes smart connected software applications and components for software developers and technologists. Our products include, but are not limited to:

  • Arcamatic Backup — Automated backup and recovery software for Windows environments.
  • SocketQ C++ Classes — High-performance C++ networking components for socket communication.
  • CodeFlow — Developer productivity and workflow automation tools.
  • DelegateQ — Event delegation and messaging components for software applications.

TrialKey reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. License and Permitted Use

Subject to your compliance with these Terms and payment of applicable fees, TrialKey grants you a limited, non-exclusive, non-transferable, revocable license to use the purchased software product(s) solely for your personal or internal business purposes.

You may not:

  • Copy, modify, or distribute the software except as expressly permitted.
  • Reverse engineer, decompile, or disassemble any TrialKey software.
  • Sublicense, sell, resell, transfer, or otherwise exploit the software for commercial purposes without prior written consent.
  • Remove or alter any proprietary notices, labels, or marks on the software.
  • Use the software in any manner that violates applicable laws or regulations.

License keys issued by TrialKey are tied to the licensed user or organisation and may not be shared, transferred, or used on unauthorised devices beyond the scope of the purchased license.

4. Trial Licenses

TrialKey may offer trial or evaluation licenses for certain products. Trial licenses are subject to the following conditions:

  • Trial licenses are provided for evaluation purposes only and may include limited functionality.
  • Trial licenses are valid for the period specified at the time of issuance.
  • Use of trial software in production environments is not permitted without a valid commercial license.
  • TrialKey reserves the right to revoke trial licenses at any time without notice.

5. Payment and Billing

Certain TrialKey products and services require payment. By purchasing a license, you agree to the following:

  • All fees are stated in Canadian dollars (CAD) unless otherwise specified.
  • Payment is due at the time of purchase. TrialKey uses third-party payment processors and does not store your payment card information.
  • License fees are non-refundable except as required by applicable law or as expressly stated in our refund policy.
  • Subscription-based licenses will automatically renew at the end of each billing period unless cancelled prior to the renewal date.
  • TrialKey reserves the right to change pricing at any time. Price changes will be communicated in advance and will not affect active license periods.

For billing inquiries, please contact us at support@trialkey.ca.

6. Intellectual Property

All content, software, documentation, trademarks, logos, and other materials associated with TrialKey products and services are the exclusive property of TrialKey or its licensors and are protected by applicable intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in TrialKey's intellectual property other than the limited license expressly set forth herein. All rights not expressly granted are reserved by TrialKey.

If you believe that any content on our Service infringes your intellectual property rights, please contact us at support@trialkey.ca.

7. User Obligations

By using the Service, you agree to:

  • Provide accurate and complete information when registering or purchasing a license.
  • Maintain the confidentiality of your license keys and account credentials.
  • Notify TrialKey promptly of any unauthorised use of your license or account.
  • Use the Service only for lawful purposes and in compliance with all applicable laws and regulations.
  • Not engage in any activity that interferes with or disrupts the Service or servers connected to the Service.
  • Not attempt to gain unauthorised access to any portion of the Service or related systems.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TrialKey does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. TrialKey does not warrant that the results obtained from using the Service will be accurate or reliable.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIALKEY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL TRIALKEY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO TRIALKEY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Termination

TrialKey may terminate or suspend your license and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

  • Your right to use the Service will immediately cease.
  • Any license keys associated with your account may be deactivated.
  • Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

12. Contact Us

If you have any questions about these Terms of Service, please contact us: