Please read the following Terms of Service ("Agreement") carefully.  Your use of our products means you have accepted this Agreement.   

"We" or "MyEClone" means IT Collaborative Inc. with its registered office in Mississauga, Ontario, Canada.  

"Our Products" refers to MyEclone mobile app and the www.myeclone.com website.   

"You" refers to the users of Our Products.  

"MyEC account" refers to the account you register through "MyEClone" mobile app or our websites.  Part of our services will be available after you sign in to your MyEC account.   

"Our websites" refers to http://www.MyEClone.com 

The Privacy Policy and other business rules we posted are also part of this Agreement.  Please read them carefully.  We remind you that according to your region and the version of the Products you use, we may provide different services, and some clauses of this Agreement and the Privacy Policy may not apply to the current version of the Products in your use.      

1.         Our Products   

For the Terms of Service, "Our Products" refer to "MyEClone" and services (provided by our company and/or our branches, affiliates, or partners across the globe) in connection with the software products.  

 "MyEClone" refers to a mobile app with functions of personal document recognition, management, and administration, and relevant internet-based value-added services ("Our Service"). We provide the above-mentioned services through the free or paid MyEClone mobile app ("Our Software"), MyEClone website (http://www.MyEClone.com), or application programming interfaces ("APIs") for third parties to use.   We specially remind you that we only provide you with our software and service as tools. When using our products acquiring and processing information, you should respect the legal rights of others such as intellectual property rights, personal information, privacy rights, etc., and make sure that you are authorized to copy, amend, upload, and publish the information. If you upload or publish the information without the permission of the owner or license holder of that information, you may infringe the legal rights of others and be legally liable for it.     

2. Scope of Software License and Service   

We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to use our Products.  Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run Our Software or use Our Services on your smart mobile end-device, including but not limited to tablet, smartphone, and PC as well as other computer systems ("end-device") for non-commercial purposes.     

3.  Paid Service or Features  

There may be some services or features (called “Paid Services”) of our products that you may elect to purchase.  For Paid Service, we will obtain your consent before the collection of payment.   MyEClone could make changes to payment standards or/and methods according to practical needs. Some free services of the product may also become Paid Services in the future. The above-mentioned change will be notified or published through the product and/or user’s email and/or on our websites for a period of time before you use relevant services.  The price of the products provided through the products or on the website may change at any time. If there is a price reduction or promotion, MyEClone will not provide price protection or refund of your payment.   As the software products contain information on authorization and activation (including but not limited to activation code, password, etc.) and are special commodities due to the risk of the information being revealed for others to use in their accounts, no refund or credit will be allowed.  

MyEclone utilizes payment modes such as credit card, Paypal, Apple Pay, Google Pay, and similar digital payment modes and, you agree that you will provide a major credit (e.g., MasterCard, Visa, American Express) that we may charge for all Paid Services such as subscription fees or other amounts payable to MyEClone. With respect to such charges, you give the following authorization:

I authorize automatic credit or charge card billing by MyEClone. I agree that the charges described above will be billed by MyEClone to the appropriate payment mode/ credit or charge card that I have provided to MyEClone in my Account information, or otherwise when I applied for the Paid Services. I agree that MyEClone will not be responsible for any expenses that I may incur resulting from exceeding my credit limit as a result of an automatic charge made hereunder.

You agree to provide current, complete, and accurate information for your Account in order to receive access to the Paid Services. You agree to promptly update all Account information to keep your account current, complete, and accurate (such as a change in billing address, credit or charge card number, or credit or charge card expiration date) and you must promptly notify MyEClone if your payment mode/credit or charge card are canceled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your log-in and password. Changes to such information can be made by  IT Collaborative Inc. If you have any problems making changes to your Account information, please let us know through the contact information provided. If you fail to provide MyEClone any of the foregoing information, you agree that we may assume that your payment mode/credit card is either still valid or that it has been renewed and may continue charging you for the Paid Services to which you have subscribed, unless you have canceled your subscription to our services. MyEclone shall be entitled to fees received from you when you purchase our services and subscriptions.  

4. Registration and Account Security   

In order to access some features of Our Products, we suggest you create an account (MyEC Account) and sign in with this account when you use Our Products and Service.   Please keep the password of your MyEC account secure. 

You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym

You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. 

You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.

You must notify us immediately of any change in your eligibility to use MyEclone, breach of security, or unauthorized use of your Account. You shall have the ability to delete your MyEC Account, by contacting us at MyECloneApp@Gmail.com.    

You understand and agree that by creating a MyEC Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.

You agree that you will bear full responsibility for any or all the activities under your MyEC account.  In order to keep your MyEC account secure, we particularly remind you of taking certain measures including but not limited to safekeeping your password, installing anti-virus/Trojan software, changing your password regularly and logging out safely after use, etc.  If your account or password is stolen, you shall assume full responsibility for all the consequences arising therefrom unless you can prove that it is caused by our intentional act or gross negligence.   If you learn of any unauthorized use of your MyEC account, please contact us immediately at: MyECloneApp@Gmail.com.     

5. Privacy and Personal Information   

We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law/regulation on data protection by taking necessary measures and complying with the same in collecting, processing, transmitting, and storing your personal information.  Please be sure to read carefully our Privacy Policy specifies the way we collect and use your personal information, etc.   We particularly remind you that the information you upload may involve other people’s personal information or privacy.  You understand and undertake that you will fully respect any other person’s privacy that you learn, receive, or have access to from the information of other users and you will fully respect any other person's privacy in the information you upload as well. You will never collect, duplicate, store, disseminate, spread, or misuse others’ private information without permission.  If you obtain, use, sell or spread others’ personal information in bad faith, or infringe others' privacy in any other way, you are in material breach of this Agreement.  

We will be entitled to at any time restrict or terminate your account privilege up to deleting your account and we reserve the right to unilaterally terminate this Agreement and demand you to bear legal liabilities. Special reminder: As mobile phone number or biometrics is usually tied up with quite many functions used as tools for identification assistance, if your mobile phone number or device changes, please timely revise the relevant content of your account so that others may not clear identification test by using your mobile phone without permission.  You should take precautions and deal with that situation accordingly when the email address for identity verification has security issues.    

Our Products will ask you for the following permissions during regular operation: 

1. Storage: Having access to device storage in order to read and manage personal documents; 
2. Camera & Album: Using your device’s camera and photo album to take photos and for the functions of auto crop and creation of Documents via scanning and OCR; 
3. Location: Accessing device location for our internal use and marketing purposes
4. Cookies: When accessing our webpage (www.MyEClone.com), we use cookies to provide you with the necessary services.
5. SMS, Email and Push Notifications: To send alerts and notifications from the mobile application.   

Permission will not be asked if you do not use these functions.  If additional authority is required, we will ask for your permission in advance.   

 6.  Providing Services "As Is"   

Our Products are provided “as is”, and “as available” basis. The use of Our Products is at the user’s sole risk. Our Products are provided without warranty, representation, or guarantee of any kind whatsoever, either express or implied, including, but not limited to,  any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. IT Collaborative Inc., our directors, officers, employees, agents, suppliers, partners, and content providers do not warrant that: (i) Our Products are or will be secure or available at any particular time, instance or location; (ii) any defects material or not, or errors will be corrected; (iii) any/all content or software available via Our Products is free of viruses or other harmful components; (iv) any/all information is complete, accurate, up-to-date, or reliable; (v) any particular service, content, or product referred to in the Our Products are safe, appropriate, or effective for your and/or your employees; (vi) that results of using the services provided by us will meet your requirements (vii) the use of Our Products provided by us shall comply with any laws, rules, regulations, requirements, policies, qualifications, or best practices, including but not limited to privacy laws, professional licensure, or reimbursement; (viii) the use of Our Products shall not result in legal duties or liability. We do not guarantee in any instance that any particular content or material shall be made available through Our Products.

7.   Information Push   

You agree that you may receive information pushed out when using Our Products and services that include an update of Our Products or Services and information of third party’s products or services that may be helpful to you, etc.   We specially remind you that if the information pushed out you receive is about third parties and not us, regarding such information, you should make your own judgment on the authenticity of the content and be responsible for your own judgment and act.  Except as expressly provided by law, we are not liable in any way for any loss or damage borne by you due to the content provided by way of such information.   

8.  Third Party Services   

In Our Products, we allow you to invoke services provided by third parties such as Google Location API, Google Authentication, or email services, etc. We only invoke services from third parties in our products through APIs and actual services are provided by third parties. For terms of use and relevant provisions, please refer to the terms of service, etc. issued by those third parties. We will urge third parties to comply with the applicable laws and regulations on personal information protection when they provide services.  We do not bear any direct or indirect liability for any problem of personal information protection that happens in your using third-party services or loss caused therefrom, and the problem or loss should be borne by you and/or the relevant liable party.   

9.  Content Generated by User   

The contents provider should assume liability for any content (including but not limited to image file, file information, identity documents, other documents with user or their family personal or private information, business card information, geographic location, email, message, material, literary works, software, photo, graph, data, user’s registration information or other information, etc., "Contents"), whether transmitted in public or in private via Our Products.  You warrant that you have necessary authorization to upload such Contents.  If your acts cause losses (including but not limited to compensation, attorney fees) to MyEClone,  you agree to fully compensate for the losses.   We reserve the right to review, block and delete the Contents or terminate the services pursuant to law.

The Contents you post on MyEclone shall be considered confidential, proprietary and owned by you with the sole exception of Metadata with respect to your posts (described below) which shall be owned and utilized by us in accordance with these Terms. We do not under any circumstances claim ownership of your Contents. All intellectual property rights with respect to the Contents are yours. We solely own and utilize the Metadata with respect to your posts.

By providing any Contents on the MyEclone, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assign the right to display the Contents on MyEclone in accordance with your account settings.

You represent and warrant that:

• You own or control all rights in and to the Contents and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
• All of your Contents do and will comply with these Terms of Use.
• You understand and acknowledge that you are responsible for any Contents you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Contents posted by you or any other user of MyEclone.

These Contents Standards apply to any and all Contents and use of MyEclone interactive services. Contents must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, Contents must not:

• contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms. 
• contain images or videos of persons without such person’s consent;
• be likely to deceive any person
• involve drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
• promote any illegal activity, or advocate, promote, or assist any unlawful act;
• cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
• funding a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;
• impersonate any person or misrepresent your identity or affiliation with any person or organization;
• involve or promote terrorism or, any activity that promotes war, genocide, knives, explosives, ammunition, firearms, or other weaponry or accessories;
• involve annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
• involve circumventing the designated method of payment as provided by us;
• involve credit repair or debt settlement services
• involve products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party
• involve the illegal sale or resale of a brand name or designer products or services;
• any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
• involve any election campaigns that are not run by a registered organization within the supported country;
• give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
• involve any other activity that we may deem in our sole discretion to be unacceptable

We have the right to:

• remove or refuse to post any Contents for any or no reason in our sole discretion;
• take any action with respect to any Contents that we deem necessary or appropriate in our sole discretion, including if we believe that such Contents violate our terms, infringe any intellectual property right or other rights of any person or entity, threaten the personal safety of users of MyEclone or the public, or could create liability for us;
• disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the MyEclone; or
• terminate or suspend your access to all or part of MyEclone for any or no reason, including without limitation, any violation of our terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through MyEclone or otherwise accessing or using our MyEclone.

We do not undertake to review any material before it is posted on MyEclone and cannot ensure prompt removal of objectionable material after it has been posted. 

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Our Products and Services divide user content into two categories - Metadata and user specific private information. The Metadata is a generic information that our Products use to create a generic user profile and for any third party marketing purposes. Examples of Metadata are user location, user uploaded document non personal / non private information such as type, sub type, purpose etc. User specific private information is user entered information about themselves such as user profile data such as name, address, phone number. Other information such as document IDs, Document images containing personal information, or other documents containing financial, Medical, Legal, Work or Business related, or other information. 

The user's private information  will be  encrypted by the application, and such information can only be decrypted and accessed by the user who created it. 

With respect to the publicized metadata contents, you agree that the same shall not be in contravention to law/regulations on personal data protection and,  you agree to grant MyEClone the world-wide, royalty-free, non-exclusive, sub-licensable and permanent license to use the metadata contents for user profiling, identifying suitable marketing products and services per user use of Our Products, Sharing user’s email with our marketing partners, Adding user email to marketing campaigns and sending out marketing, promotional or sales communication.  We may decide at our own discretion to use (including but not limited to reproduce, adapt, amend, create derivative works, and translate) and distribute the meta data contents.  In the meanwhile, you authorize MyEClone to file any action in its own name against any third party for the infringement upon the foregoing metadata contents and any of its derivative works and to receive all the compensation.  You shall warrant that you have necessary authorization to grant such license to MyEClone.   

Unless otherwise provided in law/regulation on data protection, we will not use or provide to third parties, unpublicized personal information and privacy.   

You should be owner of copyright, or holder of other rights that should be had for using the services as to the lawful contents you post in the services.    

10. Information Storage and Synchronization   

1. You acknowledge and agree to store information relating to use of Our Products into your own end-device, which will occupy some room of the end-device.  MyEClone reminds that you should make your choice as to whether to set passwords for using Our Services in order to protect information security according to your needs.   
2. You acknowledge and agree that the information generated during your use of Our Products may be stored and processed by MyEClone or its affiliates or service providers through their servers.  As Our Products can be downloaded and used by users worldwide, the servers may be located in any other countries/regions based on the need of providing the service, in compliance with laws and regulations.   
3. If you use Our Products and sign in your account at your end-device, the information already stored in the end-device if expressly confirmed by you will be added to your account and stored in MyEClone’s servers.  Your account will be bound to the end-device as a default status, and you can unbind the account and the end-device in the setting by logging out the account.   
4. When you use Our Products after signing in your account, any direct modification of information in end-device (if stored in our server according to the preceding section) or modification of information in account via web end, will be synchronized automatically between end-device and server in its lately modified form.  Therefore, if you are using an end-device which is not owned by you, please be sure to log out timely and make necessary adjustment to your settings so as to avoid any leakage of personal information or privacy of yours or others.   
5. If there is loss of information because you accidentally delete the information in end-device or server account, MyEClone can never restore that information back. The user may recreate the information by using our Products.   

11.  Code of Conduct for Users   

a. You shall abide by local laws and regulations during your use of Our Products, and you shall not produce, duplicate, publicize or release sensitive information, illegal information or any information or material which a normal person considers immoral, including but not limited to the information:  Contravening the basic principles determined by the Constitution;  Endangering national safety, divulging state secret, overturning state power and sabotaging national unity; Damaging national reputation and interests;  Instigating ethnic hatred, discrimination and sabotaging ethnic unity;  Sabotaging national religious policies; Spreading rumors to disturb social order and sabotaging social stability; Spreading obscenity, eroticism, gambling, violence, murder, terrorism or subornation; Insulting or slandering other person or infringement upon other person’s legal rights;  Containing any other Contents which are prohibited by laws and administrative regulations; or Other Contents which are in violation to the Cyber Security Law of the user's country.    

 b. You shall not use Our Products for any illegal purpose or use the same to conduct any illegal activities, including but not limited to:  Using Our Products to carry out any acts which may adversely affect normal operation of the Internet; Embezzling, gaining illegal access to or abusing other user’s account or information contained in such account; Falsifying facts maliciously, or concealing truth to mislead and deceive others; Publishing, transmitting, spreading advertising information and junk information; initiating, continuing or taking part in any speculation or illegal activity in any way, or utilizing telephone, network and any other communication means to harass other person;  Releasing, spreading, disseminating, storing the contents which infringe upon the intellectual property and trade secrets of others; or spreading or distributing or otherwise spreading any document containing any picture, photo, software or other data which is protected by intellectual property law, unless you have corresponding rights, authorization or have obtained necessary approval; or Any other acts prohibited by laws and regulations.     

c. You shall not engage in any activity jeopardizing the legitimate interests of MyEClone. Unless expressly provided by law or MyEClone has consented in writing, you shall not conduct any acts not expressly authorized under these Terms of Service during the use of Our Products, including but not limited to:   Deleting all the information regarding the copyright of Our Products; Conduct any reverse engineering, disassembling or de-compilation against the Software or otherwise attempting to find the source code of Our Products; Duplicating, amending, altering or mounting the information of Our Products for commercial purpose (including but not limited to any information in the Software and any information stored in any terminal device during the use of Our Products, as well as the information interacted between the client and server), or creating any derivative works or products with the same in any form including but not limited to using plug-in, add-on or third party tool/service to connect with, disturb or affect Our Products and related system; Restricting, prohibiting or otherwise interfering in or affecting any other person’s use or enjoyment the services of Our Products (except for such safe and protection tools as parental control), including but not limited to releasing or transmitting any information or software in the following nature: the information or software including worm, virus or any other harmful function, or the traffic of which so generated may impede the using, sending or searching of information by others; Using, leasing, borrowing, reproduction of data, amending, linking, reposting, assembling, releasing, publishing and establishing of mirror image station of information and Contents of Our Products for commercial purpose; Carrying out any operation for the purpose of manipulation or distortion, making any rating or comment which may damage Our Products, or conducting any acts that may affect the completeness or accuracy of the services of Our Products; or Any other acts without the express authorization of MyEClone .     

12. If you conduct any of the foregoing acts, you should solely undertake related liabilities and we are not liable. If any damage is thus caused, you should make compensation according to law, and we reserve the rights of recovery of losses and demand of compensation according to law.   

13. You agree to indemnify and hold harmless MyEClone from and against any losses incurred to MyEClone arising from your violation of these Terms of Service, including but not limited to any claims of, demands or losses made by any third party arising from or resulting from your acts, and our necessary expenses of dealing with related matters, such as attorney’s fee.   

14. You undertake that you will abide by local laws and regulations, relevant Terms of Service and Privacy Policy when using Our Products.   

15. Intellectual Property Rights 

MyEclone contains Intellectual Property of IT Collaborative Inc., in the form of content, graphics, videos, audios, text, and any other digital content (“MyEclone Content”). This is an agreement for the use of MyEclone, and you are not granted a license to any MyEclone Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through MyEclone; (ii) remove any proprietary notices or labels from MyEclone Content; reproduce or copy MyEclone Content or any part thereof; (iii) modify, translate, or create derivative works based on MyEclone Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to MyEclone Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to MyEclone so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the MyEclone; or (vii) allow third parties to gain access to MyEclone or to MyEclone Content in any manner other than as expressly permitted in this Terms of Service.

You acknowledge and agree that the MyEclone, the names and logos and all related product and names, design marks and slogans, and all other material comprising the MyEclone, are the property of the IT Collaborative Inc. or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of IT Collaborative Inc.. Your use of MyEclone confers no title or ownership in MyEclone or the Marks and is not a sale of any rights in MyEclone or the Marks. All ownership rights remain in  IT Collaborative Inc. or its third-party suppliers, as the case may be.

You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of  IT Collaborative Inc. and you hereby irrevocably transfer and assign to  IT Collaborative Inc. such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

16. Limitation of Liability   

a. Please directly visit our websites to download the installation program of the software or learn any other safe downloading channels we have authorized. You are required to create account and use Our Service through the official channels we provide, including the use of our products or visit to our websites.  We are unable to guarantee the safety of our products, services, and account if you are in violation of the aforementioned requirements on downloading and installation. In addition, we will not be liable for any loss incurred to you or any third party due to your use of unauthorized software, service, or account.     

 b. You are required to use Our Products in a proper way. For the detailed functions and operations, please see the content of "FAQ" in the products. You may also contact us directly to obtain necessary help: MyECloneApp@Gmail.com. You will be liable for any losses due to your improper setting or improper operation. 

c. You fully understand that Our Products will involve Internet services and may encounter various risks such as force majeure which may cause the suspension of relevant services. We will use our best efforts to conduct timely repair, howsoever you shall be solely responsible for all losses incurred thereby, and we are not liable for the losses. Such risks include but not limited to the service interruption and disruption as a result of any of the following reasons: 

1. damage due to computer virus, Trojan or other malicious program, and hacker attack; 
2. a fault takes place in the software, system, hardware, or communication lines of the terminal device of the users or MyEClone; 
3. accident, natural disaster, or governmental act; 
4.  users’ use of any services which are not provided or authorized by MyEClone; or
5. any other force majeure or factor beyond MyEClone's control.    

d. We will not provide any guarantee of any kind for any unpredictable or uncontrollable technical defect in the product, service stability and any losses or damages thereby caused, unless otherwise required by law or regulation.   

MyEClone reminds you that you should retain original copies of your documents and information outside of MyEclone application.   

We will not be directly or indirectly liable if there is any direct or indirect loss incurred during the period when Our Products are not available for normal use. 

The use of Our Products is entirely at your own risk. In no case shall we, nor our officers, directors, employees, contractors, agents, partners, suppliers, content providers, or any users be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory with regards to Our Products for: (i) any lost profits, loss in revenue, loss of goodwill, any data loss, loss of use, cost of procuring substitute goods or services, other intangible losses, or indirect, incidental, special, punitive, compensatory, exemplary, reliance, punitive, liquidated, or any similar consequential damages of any type whatsoever (however arising), (ii) any, viruses, bugs, trojan horses, or the like (regardless of the source of origin), (iii) any personal injury or harm, including death, which is caused by your use or misuse of Our Products, (iv) any claims, demands, or damages arising out of or relating to any dispute between you and any other user of Our Products, or (v) any direct damages in excess of (in the aggregate) or greater than any fees paid by you for using of particular services during the immediately previous three (3) month period. Remedies under these terms are exclusive and are limited to those expressly provided for in these terms. Nothing in these terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms.

17. Use by Juveniles 

Our Products do not directly target any juvenile users. If you are a juvenile user and decide to use Our Products any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use Our Products under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use Our Products in a correct way.   

18.  Notification of Infringed Contents and Counter Notification Procedures 

Infringement Notification: As part of our intellectual protection work, except for the provisions of the Terms of Service, if any individual or group finds that any other user has infringed upon its lawful rights or interests by transmitting information through the use of our services, such individual or group ("Complainant") may notify us in writing by giving us an official infringement notification signed or stamped (if it is a duly established organization or entity) for the purpose of protecting intellectual property rights. 

The infringement notification will include the following contents: 

Detailed contact information of the Complainant, including the name, address, telephone number and email address with a copy of the ID card, passport, or registration certificate; contents of suspected infringement as shown in this service for our notifying the user who manages the contents; materials as preliminary proof of infringement act; 

a) Ownership certificates to certify Complainant’s trademark rights, copyrights, and other exercisable rights to the Contents pursuant to law in respect of the Contents of suspected infringement; 

b)  Specifying the contents of the suspected infringement which has infringed upon the Complainant’s legitimate interests set forth in Section a) above; 

c)  The infringement notification shall also include the following statement: 

"(i) I am the oblige or I am authorized to exercise the rights; 

(ii) I hereby represent that the information contained in the infringement notification is adequate, true, and accurate, and I am obliged of the statutory rights specified in Section a) of this infringement notification or I am authorized to exercise such rights. My lawful rights and interests are infringed upon by the Contents contained in the web pages which are suspected of infringement; and 

(iii) I hereby confirm that if anything contained in this infringement notification is untrue, I would be liable for such misrepresentation".              

19.  Counter Notification 

If we remove your Contents or links based on the infringement notification, you may submit to us an official written counter notification signed or stamped (if it is a duly established organization or entity). Your counter notification shall be made in the following format including detailed contact information, including the name, address, telephone number and email address with a copy of the ID card, passport, or registration certificate; the information, contents or web pages removed by us; materials as preliminary proof of non-infringement; 

a)  The materials which can prove the legality of the Contents removed, including but not limited to the materials which can prove your rights to the Contents removed or that you have been authorized to exercise the rights to the Contents removed; 

b)  The counter notification shall also include the following statement: 

"(i) I am the obliged or I am authorized to exercise the rights; 

(ii) I have the right or am authorized to provide or release the information or  Contents removed; I hereby represent that the information contained in the counter notification is adequate, true, and accurate, and I am the obliged of the statutory rights specified in Section a) of the counter notification or I am authorized to exercise such rights; and 

(iii) I hereby confirm that if anything contained in this counter notification is untrue, I would be liable for such misrepresentation".    

Please send the foregoing materials and your contact information to MyECloneApp@Gmail.com.  

 We will process your request forthwith upon receipt of the valid infringement notification and counter notification according to law.  You agree that we can copy the notification and attached supporting documents and provide that to a third party to find out about the facts involved.  We will also contact you on the matter via phone, email, etc.     

20.  Effectiveness, Term and Renewal  

By using and registration with Our Products, you express your consent to and acceptance of this Agreement, i.e., this Agreement will be binding upon you. If you do not agree with this Agreement, please stop using Our Products immediately.   

21.  Amendment    

We have the right to amend the provisions of this Agreement from time to time subject to the change of law and regulative policy and based on need of operation and development. If such amendments result in material reduction of your rights under this Agreement, before the amendments come into effect, we will notify you via reminder in distinct spot at the interface of Our Products, website announcement or email.  Your continuous use of Our Products will be deemed as your acceptance of such update.   

22.  Update, Discontinuation, Suspension and Termination of Our Products 

1. You may stop using Our Products at any time. If you want to cancel your account, you can do so from the MyEC application using the delete account function. It will be your responsibility to delete your account. In case of any issues, please reach out to us at MyECloneApp@Gmail.com.   
2. Our Products may be updated from time to time.  You may at your own discretion decide whether to accept the updates or not.  We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.   
3. We reserve the rights to amend, interrupt, suspend or terminate to provide Our Products based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing Our Products and services, etc. We will make reasonable efforts to notify you. We will provide high quality services for you and there will be situations described in this section only under special conditions.    
4. You agree that we may, without prior notice, suspend or terminate the services if: a) the personal information you provide is inaccurate, fake, or illegal/valid; b) you are in breach of this Agreement; c) you fail to make sufficient payment to MyEClone (if applicable); d) we do so subject to law or requirements of competent authority; e) other condition upon which we need to do so.    
5. If your account without subscription of any paid service is not in use in successive nine months, we reserve the right to terminate such account (before one month prior to termination, we will notify you on your continuous status of not signing in your account and notify you that if you do not sign in within the following one month, we will terminate the account for use), in order to avoid any waste of resources. The losses (including but not limited to loss of information, etc.) incurred therefrom should be borne by yourself.  
6. The account will be canceled upon termination of Our Service. We, subject to law and regulation, reserve the right to completely delete all information in your account, and we shall no longer undertake obligation to you.
7. Termination of your MyEC Account may result in the forfeiture and destruction of all information associated with your membership. Any such termination shall immediately revoke all licenses granted hereunder, and you shall effectively immediately be prohibited from accessing or using MyEclone for any reason. All fees paid hereunder are non-refundable unless specified otherwise in writing by us. The provisions of these terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification

23.   Severability    

If any provision of these Terms of Service is held to be illegal or unenforceable by any court or arbitral institution, the other provisions shall survive and continue to be binding.     

24.   Governing Law, Jurisdiction, and Dispute Resolution 

a. The parties understand and agree to abide by the special regulations applicable to certain nations/regions as set forth in the Privacy Policy.    

b. The parties agree that the governing law of these Terms of Service as follows: When you browse or use our products, you agree that you (and your act of browsing and using) will be regulated by the Canadian laws and you consent to jurisdiction of the courts located in the province of Ontario.  The parties agree that the relevant dispute should be first resolved through negotiation, failing which, it is to be submitted to the competent court at MyEClone’s domicile.  

Any dispute concerning the subject matter of these terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein.  The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise.  The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award. 

25.  Miscellaneous 

a.    All the headings used in these Terms of Service are inserted only so that the text is easy for reading. They do not have any actual meaning and should not be taken as the basis for the construction of these Terms of Service.

b.    With regard to amendment to these Terms of Service, change of services or modification to any other important matters, we will make an announcement through our website or notify you via email, etc. Such notification shall be deemed as having been served upon release of the announcement or delivery of the email to your registered email.    

c.    You agree that these Terms are personal to you, and are not assignable, transferable, or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.

d.    All notices under these terms shall be in writing Unless otherwise specified in these terms. Notices to us shall be sent by email to  IT Collaborative Inc. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.

e.    Our failure to enforce any part of these terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

f.     You and IT Collaborative Inc. are independent contractors. These terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these terms, there are no third-party beneficiaries to the terms. We do not have any special relationship with you nor any fiduciary duty.

g.     If you have any comments on our services or the Terms of Service, you may contact us:  MyECloneApp@Gmail.com, and we will use our best efforts to provide you with timely and necessary assistance.