Last Updated: July, 17, 2024
We are AHMESEN INC. ("Us", "We", "Our", "Company" "Ahmesen", "AHMESEN", "Cachical", "Lightwire", "Lightwire Hosting"), a corporation registered in Ontario, Canada.
We operate the websites https://ahmesen.com, and https://cachical.com, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms", "Terms of Service"), (collectively, the "Services")
You may contact us by E-Mail at hello@ahmesen.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and AHMESEN INC., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. SHOULD YOU NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email or other communication methods. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in their jurisdiction (typically under the age of 18) must have the permission and be supervised by their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using our Services.
The Services at present are not intended for users resident within the People's Republic of China, the Democratic People's Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or the State of Israel. If you are a resident of one of the aforementioned jurisdictions, then you are EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY
We advise you to maintain a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as any trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair compensation laws) and treaties in Canada and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terns, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section, or elsewhere in our Legal Terms, no part of the Services, and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the prior express permission of AHMESEN INC.
Should you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to hello@ahmesen.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our content.
We reserve all rights not expressly granted to you in and to the Services, Content and Marks.
Any breach of these Intellectual Property Rights will constitutes material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions, content and contributions
Please review this section carefully prior to using our Services to understand the (i) rights you give us, and (ii) the obligations you have when you post or upload any content through the Services.
Services Content: Some of Ahmesen's services allow you to provide us with source code, data, text, settings, media, software, files, processes, data, and other information for storage, hosting, or processing by the Services ("Services Content").
Certain AHMESEN services allow third parties to access, use or contribute to your Services Content, including via resale, your own products and services, or public-facing websites, applications, interfaces, and other manifestations of your Services Content. Such other users are collectively defined as your "End Users" for purposes of this TOS. "End Users" includes all such other users, regardless of whether they are intermediary parties, End Users of other End Users, or the like. You are responsible for your End Users's compliance with this Terms of Service.
You are solely responsible for your Services Content, End Users and any activity by your End Users, and you agree that AHMESEN is not and will not be in any way liable for your Services Content, End Users and/or activity by your End Users. By providing your Services Content via our Services, you affirm, represent and warrant that:
Except for specific Services provided to you under this Terms of Service or other express contract, you are solely responsible for the technical operation of your Services Content, including on behalf of your End Users.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback or other information about the Services ("submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own the Submissions and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: By posting or uploading any content to the Services (excluding Services Content), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, exploit for any purpose, commercial, advertising, or otherwise, prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the license granted in this section. Our use and distribution may occur in any media formats and through any media channels. You waive any moral rights you may have in your content.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
By posting Contributions, you grant us a license (including the use of your name, logos and other submitted trademarks). This license includes our use of your name, company name, franchise name, as applicable, and trademarks, service marks, trade names, logos, and personal or commercial images that you may provide.
You are responsible for what you upload. By sending us submissions, and/or making Contributions, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your content: Although we are under no obligation to monitor your Contributions or Services Content, we reserve the right to remove or edit your Contributions or Services Content at any time without notice, if in our reasonable opinion we consider such Contributions to be harmful or in violation of these Legal Terms. If we remove or edit such Contributions or Services Content, we also reserve the right to disable your account and/or report you to the authorities.
Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright that you control or own, please refer to the Copyright Infringements section.
You must maintain a reasonable use of our Services.
You are solely responsible for the activities that occur on your Account, regardless of whether the activities are undertaken by you, your employees, any third party (including your contractors or agents), your End Users, your licensees, or your customers.
You are solely responsible for notifying your employees, agents, and other related to your use of the Services and the provisions of these Legal Terms that are binding to them.
You shall not (directly or indirectly) without our express written permission:
Furthermore you agree to not under any circumstances:
We reserve the right to access, read, preserve, and disclose any information as we reasonably is necessary in order to: (a) respond to any applicable law, regulation, or governmental warrant; (b) enforce these Terms of Service, including investigations of potential violations hereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or to (e) protect the rights, property or safety of us our users, and the public.
You shall use proper security protocols and procedures, such as setting strong passwords and access control mechanisms, safeguarding access to all logins, passwords and other access credentials, and verifying the trustworthiness of individuals accessing your account. You are solely responsible for any unauthorised access to your account and must notify us immediately of any unauthorised access upon becoming aware of such access.
You shall notify us if and when you learn of any security incidents or data breaches affecting the Services, including unauthorised access to your account or account credentials, and shall aid in any investigation or legal action that is taken by the authorities and/or us to investigate, mitigate and resolve the security incident or breach to the extent caused by your account and/or your use of our Services.
Certain financial transactions are processed by external third-party payment processors (the "Payment Processors"), to bill you through the payment account(s) linked to your account (your "Billing Information"). These payments covered by the Payment Processors are applicable only to all Credit Card and Debit Card transactions (Visa, Mastercard, American Express, Discover, etc), (collectively "Credit Card Transactions"). The processing of these such payments may be subject to the terms, conditions and policies of the Payment Processors in addition to these Terms of Service. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors for Credit Card Transactions, or as otherwise agreed to by us, all sums for Services that you select or use at applicable prices in accordance with our billing and pricing policies, and you hereby authorise us, or the Payment Processors to charge all such sums, including applicable taxes, to the payment methods specified, or linked to your account(s) (the "Payment Method").
You must provide current, complete, and accurate information for your account and Billing Information. You must further promptly update all Billing Information in the event of any changes (such as change of address, credit card number, or credit card expiration date). You must notify us or our Payment Processors in the event your Payment Method is deemed inoperable or cancelled. Changes can be made in your account settings, or by contacting us directly.
By agreeing to this Terms of Service and using our Services, you agree to either (a) be billed on a recurring basis and to be automatically charged by us or our Payment Processors, using your Payment Method; or (b) to complete electronic funds transfers or other similar forms of payment as specified in your billing agreement. If your form of payment is subject to a separate billing agreement, those provisions will apply in addition to these Legal Terms, except where explicitly written. You may also, at any time, be billed up to the current balance on your account to verify the accuracy of your account information. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete accounts or access to the Services at any time at our sole discretion, including for non-payment, late-payment, failure to change your Payment Methods or failure to maintain accurate up-to-date Billing Information in your account.
You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest, and back-payments involving and/or otherwise in relation to your purchase or use of the Services, including but not limited to national, state, local sales taxes, use taxes, value-added taxes, goods and services taxes (GST), and harmonised sales taxes (HST) (collectively, "Sales Taxes"). Unless otherwise stated, our pricing does not include and is not discounted or enhanced for any such Sales Taxes. If we become obligated to pay Sales Taxes in connection of your purchase or use of the Services, those Sales Taxes will be invoiced to you as part of a billing process, or collected at the time of purchase. In certain countries, territories, and other relevant jurisdictions, we may determine if your purchase of Services is subject to certain Sales Taxes, and if so, may collect such Sales Taxes and remit them to the appropriate taxing authorities. If you believe that a given Sales Tax does not apply, or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier (such as a VAT ID), or other adequate proof, provided that such information is valid and sufficiently authorised by all relevant taxing authorities. You must also occasionally provide us all information, such as tax identifiers, that is necessary for us to comply with our tax obligations, as determined by us. You are solely responsible for any misrepresentations made or non-compliance caused by you in regards to the Sales Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments, or further taxes associated with such non-compliance or misrepresentations.
At times, we may offer billing credits to your account. Any provision of credits is to be governed by the disclosures, terms, and policies concerning those credits. You agree that all credits, whether previously offered or otherwise, are revocable and are subject to early expiration, at our sole discretion for any reason, or no reason, including for abuse, misrepresentations, account termination, unauthorised transfer, or illegal activities conducted by you.
The Services may contain links or other references to third-party websites, services, or other resources. Additionally, third-party services, websites, or resources may include links or our websites and Services. When you access third-party content, you do so at your own risk. These third party resources are not under our control, and to the fullest extent permitted by law, we are not responsible and hold no liability to for the content, accuracy, legality, functions, appropriateness or any other aspects of the resources. The inclusion of any such link or reference does not imply our endorsement or affiliation with such third-party. To the fullest extent as permissible by law, we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such third-party resource. It is your responsibility to protect your system from risks such as malware, viruses, worms, Trojan horses and other security risks that may be presented by the third party resources described in this section.
We reserve the right to, but maintain no obligation to
To the extent you receive or possess any non-public information from us that is designated confidential or, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be understood to be confidential, such information is our "Confidential Information" and must be handled according to this Legal Terms. Any provisions within a non-disclosure agreement shall apply in addition to the provisions within this Terms of Service. Confidential Information includes but is not limited to:
You may not use Confidential Information except in connection with your use of the Service as permitted under these Legal Terms, or as separately authorised in a signed writing by us. You agree to not disclose Confidential Information during the term of these Legal Terms, after you cease to use the Services and after these Legal Terms otherwise no longer apply. You will take all reasonable measures to avoid disclosure or unauthorised use of Confidential Information, including at least the measures you take to protect your own confidential information of a similar nature.
From time to time, we may offer you to access to our use of certain new features, products, data centre regions, or services that are in beta or otherwise not generally available to the public ("Beta Services"). You are under no obligation to use Beta Services, and such use is at your own risk. Beta Services may be subject to additional terms and conditions, which we will provide to you prior to your use of the Beta Services. Beta Services are provided "AS IS" and without warranty of any kind, and may be modified, suspended, or terminated at any time by us without notice. We reserve the right to discontinue Beta Services at any time, and to not release them as generally available products or services. We are not responsible for any harm or damage arising from your use of Beta Services.
We may suspend or terminate your access to or use of any Beta Service at any time, without advance notice, for any reason, or no reason, in our sole discretion. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by us. Notwithstanding anything to the contrary in these Legal Terms, after suspension or terminated of your access to or use of any Beta Service for any reason, you will not have any further right to access or use the applicable Beta Service, and your Services Content in the applicable Beta Service may be deleted or inaccessible.
You may provide us with information relating to your access, use, testing, or evaluation of Beta Services, including observations or information regarding the performance, features, and functionality of the Beta Services ("Test Observations"). We will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your own internal evaluation purposes of any Beta Services. Suggestions concerning a Beta Service, and any other information about or involving (including the existence of) any Beta Services are considered Confidential Information, unless indicated otherwise.
To the fullest extent permitted by law, you are solely responsible for your use of the Services, and you shall defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of or relate to your Services Content, Contributions, End Users, or your access to or use of the Services, including your breach of these Legal Terms or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorised access to or use of your account, or infringement of a third party's right(s), including any intellectual property, confidentiality, property or privacy right(s). We reserve the right to assume the exclusive defence and control of any matter otherwise subject to Indemnification by you, without limiting your Indemnification obligations of any matter otherwise subject to Indemnification by you, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT, SERVICES CONTENT, OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake, assumed or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive cases.
These Legal Terms shall be governed by and defined following the laws of Canada. AHMESEN INC. and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of Canadian courts. AHMESEN INC. shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state or province of your principal place of business.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXCERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN LAWS IN CERTAIN JURISICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
AHMESEN will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
By using the Websites and/or Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.