Terms of Service

Effective as of: September 1st, 2021

Introduction
The OneOffice Service Provided by Us
Your Use of the OneOffice Service
Content and Intellectual Property Rights
Customer Support, Information, Questions, and Complaints
Problems and Disputes
About These Terms

1. Introduction

Please read these Terms of Use (these “Terms”) carefully as they govern your use of (which includes access to) OneOffice’s services and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the “OneOffice Service”) and any material that is made available through the OneOffice Service (the “Content”).

Use of the OneOffice Service may be subject to additional terms and conditions presented by OneOffice, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the OneOffice Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the OneOffice Service or access any Content.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Service Provider

These Terms are between you and OneOffice, 1155 René-Levesque O #2500, Montreal, H3B 3X7.

Age and eligibility requirements

BY USING THE ONEOFFICE SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the OneOffice Service and access any Content, you represent that: any registration and account information that you submit to OneOffice is true, accurate, and complete, and you agree to keep it that way at all times.

2. The OneOffice Service Provided by Us

OneOffice Service options

We provide numerous OneOffice Service options. Certain OneOffice Service options are provided free-of-charge, while other options require payment before they can be accessed (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). By using a OneOffice Service via a Trial, you agree that your trial may be suspended at any given time with no prior notice.

Third-Party applications, devices and open source software

The OneOffice Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. OneOffice does not guarantee that Third-Party Applications and Devices will be compatible with the OneOffice Service.

Service limitations and modifications

We use reasonable efforts to keep the OneOffice Service operational and to provide you with a personalized experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

The OneOffice Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
We aim to evolve and improve the OneOffice Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the OneOffice Service.

3. Your Use of the OneOffice Service

Creating a OneOffice account

You may need to create a OneOffice account to use all or part of the OneOffice Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

OneOffice may reclaim, or require you to change, your username for any reason.

Your rights to use the OneOffice Service

Subject to your compliance with these Terms, we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the OneOffice Service and the Content (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or OneOffice. You agree that you will not redistribute or transfer the OneOffice Service or the Content.

The OneOffice software applications and the Content are licensed, not sold or transferred to you, and OneOffice and its licensors retain ownership of all copies of the OneOffice software applications and Content even after installation on your Devices.

OneOffice’s Proprietary Rights

The OneOffice Service and the Content are the property of OneOffice or OneOffice’s licensors. All OneOffice trademarks, service marks, trade names, logos, domain names, and any other features of the OneOffice brand (“OneOffice Brand Features”) are the sole property of OneOffice or its licensors. These Terms do not grant you any rights to use any OneOffice Brand Features whether for commercial or non-commercial use.

Payments and cancellation

You may purchase a Paid Subscription directly from OneOffice or through a third party either by:

paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
pre-payment giving you access to the OneOffice Service for a specific time period (“Pre-Paid Period”).

OneOffice may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the OneOffice Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to OneOffice or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the OneOffice Service.

4. Content and Intellectual Property Rights

User Content

OneOffice users may post, upload, or otherwise contribute content to the OneOffice Service (“User Content”). For the avoidance of doubt, “User Content” includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the OneOffice Service by users.

You are solely responsible for all User Content that you post. You promise that, with respect to any User Content you post on OneOffice, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by OneOffice pursuant to the license granted below, does not violate these Terms, applicable law, or the intellectual property or other rights of any third party.

Licenses that you grant to us

You retain ownership of your User Content when you post it to the OneOffice Service. However, in order for us to make your User Content available on the OneOffice Service, we do need a limited license from you to that User Content.

Accordingly, you hereby grant to OneOffice a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the OneOffice Service.

For avoidance of doubt, OneOffice does not make any claim whatsoever to your User Content, we are merely hosting it based on your request as part of our service offering to you.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the OneOffice Service or any Content (“Feedback”), such Feedback is not confidential and may be used by OneOffice without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

5. Customer Support, Information, Questions, and Complaints.

For customer support with account- and payment-related questions (“Customer Support Queries”), please use Customer Support resources listed on the Contact Us section of our website.

If you have any questions concerning the OneOffice Service or these Terms, please contact OneOffice Customer Service by visiting the About Us section of our website.

6. Problems and Disputes

Suspending and terminating the OneOffice Service

These Terms will continue to apply to you until terminated by either you or OneOffice. OneOffice may terminate these Terms or suspend your access to the OneOffice Service at any time if we believe you have breached any of these Terms, if we stop providing the OneOffice Service, or as we believe necessary to comply with applicable law.

Warranty disclaimers

THE ONEOFFICE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. NEITHER ONEOFFICE NOR ANY OWNER OF CONTENT WARRANTS THAT THE ONEOFFICE SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

Limitation of liability and time for filing a claim

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ONEOFFICE SERVICE IS TO UNINSTALL ANY ONEOFFICE SOFTWARE AND TO STOP USING THE ONEOFFICE SERVICE.

IN NO EVENT WILL ONEOFFICE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ONEOFFICE SERVICE.

Governing law, mandatory arbitration and venue

These Terms are governed by and shall be construed in accordance with the laws of the Province of Quebec, Canada, without regard to Quebec’s choice or conflicts of law principles. Further, you and OneOffice agree to the jurisdiction of the federal and provincial courts located in Montreal, Canada, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or the OneOffice Service that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

ARBITRATION AGREEMENT

You and OneOffice agree that any dispute, claim, or controversy between you and OneOffice arising in connection with or relating in any way to these Terms or to your relationship with OneOffice as a user of the OneOffice Service will be determined by mandatory binding individual (not class) arbitration. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

No class Or representative proceedings; class action waiver

YOU AND ONEOFFICE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and OneOffice agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Arbitration rules

Any arbitration between you and OneOffice will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force, as modified by this Arbitration Agreement. You and OneOffice agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision.

Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.

Notice and process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to legal@OneOffice.ca and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below (“Notice”). OneOffice’s address for Notice is: OneOffice Inc., Attn: General Counsel, 1155 René-Levesque O #2500, Montreal, H3B 3X7, Canada.

7. About These Terms

Under applicable law, you may have certain rights that can’t be limited by a contract. These Terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable OneOffice Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the OneOffice Service following any changes to these Terms will constitute your acceptance of such changes.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and OneOffice, these Terms constitute all the terms and conditions agreed upon between you and OneOffice and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

Severability and waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by OneOffice or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive OneOffice’s or the applicable third-party beneficiary’s right to do so.

Assignment

OneOffice may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.