Entelecheia Inc. Terms of Service

Entelecheia Inc. is the developer and operator of the Crosspass app, Crosspass website located at https://crosspass.app, and the Crosspass servers. The Crosspass app, the Crosspass website and the Crosspass servers are collectively known as Crosspass Services. These Terms of Service govern your use of Crosspass Services.

When you use Crosspass Services, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing Crosspass website, or using any other services provided by us in connection with Crosspass.

If you access or download Crosspass app from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

I reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 7 February 2023.

Limitations of Use

By using Crosspass Services, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer Crosspass Services;
  2. remove any copyright or other proprietary notations from Crosspass Services;
  3. transfer Crosspass Services or any of its associated materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use Crosspass Services or any of its associated services in a way that abuses or disrupts the Crosspass Services;
  5. use Crosspass Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use Crosspass Services in violation of any applicable laws or regulations;
  7. use Crosspass Services to send unauthorized advertising or spam;
  8. use Crosspass Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in Crosspass Services are owned by or licensed to Entelecheia Inc. You may download Crosspass, to view, use, and display the application on your mobile device for your use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by us at any time.

Automatic Updates

You give us permission to download and install updates to Crosspass app on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Crosspass app from your device.

Liability

Crosspass Services are provided on an 'as is' basis. To the extent permitted by law, we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall we or our suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Crosspass Services or any other services provided by us in connection with Crosspass, even if we have or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in Crosspass app or on Crosspass website are not comprehensive and are for general information purposes only. To the extent permitted by law, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Crosspass or on Crosspass website, or otherwise relating to such materials or on any resources linked to Crosspass and Crosspass website.

Links

I have not reviewed all of the sites linked to Crosspass or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by us of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice regarding Apple

To the extent that you are using or accessing Crosspass Services on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for Crosspass Services and any materials available in Crosspass Services.

Apple has no obligation to furnish you with any maintenance and support services with respect to Crosspass Services.

If Crosspass Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Crosspass and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Crosspass Serivces or your use of Crosspass Services, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using Crosspass Services, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

I may suspend or terminate your right to use Crosspass Services and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Canada. You irrevocably submit to the exclusive jurisdiction of the Canadian courts.