Terms of Service

Last Updated: 2024

Important Notice

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND SOSHOGLE, INC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "SOSHOGLE," "WE" OR "US") AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH SOSHOGLE RELATED TO THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM.

Soshogle reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

1. Use of Platform

1.1. Age Restrictions

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor's use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor's use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor's behalf.

1.2. Platform Account Ownership

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession.

As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

1.3. Compliance with Laws

You can't use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers' use of the platform and services is compliant with applicable laws and regulations, including but not limited to:

  • Telephone Consumer Protection Act (TCPA)
  • CAN-SPAM Act
  • General Data Protection Regulation (GDPR)
  • Personal Information Protection and Electronic Documents Act (PIPEDA)
  • All applicable data protection and privacy laws

1.4. Privacy

By using the Platform and providing Information on or through the Platform, you consent to Soshogle's use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference.

When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by Soshogle. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy.

1.5. Login Credentials

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Soshogle immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security.

Soshogle reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Soshogle's opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable.

1.6. Use of Communication Services

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications.

Soshogle is a technology platform communication service application provider ONLY. Soshogle does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking.

2. Services and Fees

Access to and use of certain features of the Platform may require payment of fees. All fees are non-refundable unless otherwise specified in writing. Soshogle reserves the right to change its fees at any time upon notice to you.

If you fail to pay any fees when due, Soshogle may suspend or terminate your access to the Platform until such amounts are paid in full.

3. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Soshogle, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these Terms.

4. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Platform in any way that violates any applicable federal, state, local, or international law or regulation
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform
  • Use the Platform to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
  • Transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • Impersonate or attempt to impersonate Soshogle, a Soshogle employee, another user, or any other person or entity
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform

5. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SOSHOGLE NOR ANY PERSON ASSOCIATED WITH SOSHOGLE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

6. Limitation of Liability

IN NO EVENT WILL SOSHOGLE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

7. Indemnification

You agree to defend, indemnify, and hold harmless Soshogle, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.

8. Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Ontario, Canada.

10. Contact Information

If you have any questions about these Terms, please contact us at:

Soshogle, Inc.

Email: [email protected]

Phone: +1 (450) 990-1011

By using the Soshogle Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.