Terms of Service

These terms govern your use of foxbit.ca (the “site”), operated by Foxbit Software Ltd. (“Foxbit”, “we”, “us”), a company based in Morden, Manitoba, Canada. By using the site you agree to these terms. If you do not agree, please do not use the site.

What this site is

The site describes Foxbit’s software development services, lists applications we have published, and hosts the privacy policies and support information for those applications. It is informational. Nothing on it is an offer, a quote, a warranty, or professional advice, and no client relationship is created by using it or by contacting us through it.

Our applications are governed separately

The applications listed on this site are distributed through the Apple App Store and are governed by Apple’s terms and by each application’s own privacy policy, which is linked from that application’s page. These terms cover the website only. Downloading, purchasing, and using an application is a separate matter between you, Apple, and — where the application’s own terms say so — Foxbit.

Intellectual property

The site and its contents — text, layout, design, graphics, logos, and the Foxbit name and marks — are owned by Foxbit or used with permission, and are protected by Canadian and international intellectual property law.

You may view the site, and print or download extracts for your own non-commercial reference. You may not otherwise copy, republish, sell, redistribute, or create derivative works from the site or its contents without our prior written permission.

Acceptable use

You agree not to:

• Use the site for any unlawful purpose
• Attempt to gain unauthorised access to the site, its hosting infrastructure, or any connected system
• Interfere with the site’s operation or availability, including by automated means that place unreasonable load on it
• Submit false, misleading, abusive, or unlawful content through the contact form

Contacting us through the site

Messages sent through the contact form are handled as described in our privacy policy. Please do not send confidential or sensitive information through the form. Sending us a message does not by itself create any obligation on our part to respond or to provide services.

Links to other sites

The site links to third-party sites, including the Apple App Store. Those sites are not operated by us. We have no control over, and accept no responsibility for, their content, policies, or practices, and a link is not an endorsement.

Availability and changes

We may change, suspend, or discontinue any part of the site at any time without notice, including removing pages for applications that are no longer offered. We do not guarantee that the site will be available uninterrupted or error-free.

We may revise these terms from time to time. The current version is always the one posted on this page, with its revision date shown above. Continuing to use the site after a change means you accept the revised terms.

Disclaimer

The site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Foxbit makes no representations or warranties of any kind, express or implied, about the site or its contents, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the information on the site is complete, accurate, or current.

Limitation of liability

To the fullest extent permitted by law, Foxbit will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or in connection with your use of or inability to use the site — whether based in contract, tort, negligence, or any other legal theory, and whether or not we were advised of the possibility of such damages.

Nothing in these terms limits or excludes liability that cannot be limited or excluded under applicable law, including under consumer protection legislation.

Governing law

These terms are governed by the laws of the Province of Manitoba and the laws of Canada applicable in it, without regard to conflict of laws principles. You agree to the exclusive jurisdiction of the courts of Manitoba for any dispute arising out of these terms or your use of the site, subject to any mandatory rights you have to bring proceedings elsewhere under applicable consumer protection law.

Contact

Questions about these terms can be sent through our contact form, or by mail to Foxbit Software Ltd., Morden, Manitoba, Canada.