Last Revised: September 9, 2023
Before accessing or using the Website, Services, or Products (together, the "Resources"), it's crucial to review these conditions of use (the "Conditions of Use"). RapCap and its partners ("RapCap", "we", "us", "our") extend access to these Resources based on your acknowledgment and acceptance of these conditions. The term "utilize" herein encapsulates both access and usage. By leveraging any Resource, you signify your consent to these Conditions of Use and our Privacy Policy, accessible at RapCap Privacy Policy. If you're unable or unwilling to agree, please abstain from using the Resources. These Conditions of Use establish a binding contract between you and RapCap.
You confirm that: (a) you've attained the age of majority in your residence jurisdiction; (b) you hold the authority to form a legally binding agreement; and (c) you, or the entity you represent, consent to these Conditions of Use. Should you, at any point, disagree with these conditions or our Privacy Policy, your only recourse is to cease using the Resources immediately. For inquiries about these Conditions of Use, reach us at support@rapcapto.com.
Unless otherwise implied, terms within these Conditions of Use carry the definitions below. Singular terms may include plural interpretations and vice versa...
Our Resources are tailored for individuals aged 18 or above or those who've reached the age of legal consent in their jurisdiction. You assure RapCap that any information you submit, either through our website or any other platform, is both truthful and accurate. We reserve the right to deny access to our Resources at our discretion. This clause may not apply where legally prohibited.
At RapCap, your privacy is paramount. Dive into the specifics of our data collection, utilization, and protection practices by visiting our Privacy Policy.
Our Resources are primarily designed for users in the USA and Canada (jointly referred to as the "Regions"). RapCap retains the right to modify these Regions, with updates reflected in these Conditions of Use.
RapCap provides its services under a licensing model, rather than outright sales. With your adherence to the law and these Conditions of Use, we offer you a restricted, personal, reversible, non-transferable, and non-sub-licensable permission (the "Licence") to employ our Resources, governed by associated guidelines or our directives.
Be aware that this Licence can be revoked by RapCap for any reason, and any violation of these Conditions of Use results in its immediate termination.
While accessing our resources, you are responsible for your actions and those of individuals using the service on your behalf.
You must not, nor allow others to:
Always ensure the security and lawful use of our offerings.
In addition to the above:
Your access can be suspended if deemed necessary by RapCap.
When using RapCap reports:
Our software might possess the capability to detect and apply updates automatically. By using our software, you consent to RapCap providing and applying these updates when available. All updates will adhere to these Conditions of Use unless specified otherwise through supplementary terms and conditions.
If you were previously a member or subscriber to a service comparable to any program offered by an affiliate of RapCap and you've agreed to transition to RapCap's services, understand that offers or notifications from your previous participation might be integrated into RapCap's services at our discretion and in coordination with the affiliated service.
You recognize and concur that RapCap retains all proprietary rights, including but not limited to Intellectual Property Rights, in the services, content, and any other materials provided or made accessible. Unless explicitly granted, all rights pertaining to the services, content, and any other materials remain with RapCap. Your access is strictly limited to utilizing the services in line with these Conditions of Use, without gaining any ownership or additional rights.
Any service provided to you by RapCap is licensed for your use, not sold. All associated logos, trademarks, and the names of products or services mentioned are the property of their respective holders.
Communications sent to RapCap, including but not limited to those via email or through our services, are not guaranteed to be private. We may retain copies of such interactions for legal compliance and essential backup or archival needs.
When you provide suggestions, graphics, images, audio-visual content, or any other form of feedback ("Contributions") to RapCap, including via our platforms, you agree that:
You expressly consent to receiving communications, updates, and notifications from RapCap via email, messaging, or other electronic means. Your interaction acknowledges and adheres to the stipulations of the "Act for Promoting Digital Economy Efficiency," which governs electronic commercial activities.
Some of RapCap's services might allow you to access or utilize external websites or platforms ("External Platforms"). These External Platforms are not under RapCap's purview. Offering such capabilities is purely for your convenience and doesn't signify RapCap's endorsement. You understand that we aren't accountable for the content or integrity of these External Platforms. Your engagement with these platforms is on your own volition, and you recognize that third-party terms might apply. RapCap isn't liable for any harm or loss linked to your use of these External Platforms.
RapCap doesn't hold the responsibility for ensuring your connection to the internet, wireless networks, or any other communication services required to use our platform.
You agree to pay all fees ("Charges") billed by RapCap for using any of our services or products. Charges might be either per use or subscription-based, and can be charged beforehand or afterward. All Charges should be settled within 30 days of the invoice receipt unless RapCap agrees otherwise in writing. For retail users ordering a RapCap report via our platform, Charges must be settled upon delivery.
Any promotional or trial offers are time-sensitive and can be concluded by RapCap at its discretion unless a written agreement states otherwise. Should RapCap offer a trial period, and you wish not to continue post-trial, you must inform RapCap in writing. Failing to provide notice will result in standard Charges from the day the trial concludes.
During your engagement with RapCap's services, you might be exposed to our proprietary and confidential data. This encompasses any non-public information about our services or operations that we consider confidential. You are obligated to safeguard this information and must refrain from sharing, disclosing, or granting access to it unless explicitly allowed under this section. You're permitted to reveal this information solely to your employees who need to be in the know, ensuring they are bound by confidentiality terms akin to this section. Breaching these terms will lead to consequences, as the information and content were crafted through RapCap's significant effort and resources.
If there's a breach or potential breach of these confidentiality clauses, we reserve the right to pursue legal action to prevent any misuse of our data, without having to demonstrate any direct harm or post any security.
If you violate any of the terms in this agreement, RapCap holds the right to terminate this agreement, revoke your access, or suspend your use of our services. Specifically, if any payment due exceeds a 30-day delay, it will be considered a breach. RapCap is not liable for any consequences stemming from the suspension or termination of your access based on this section. RapCap might also momentarily halt services for maintenance, legal obligations, security issues, or other reasons deemed necessary. Upon the termination of this agreement, you must halt all engagements with our services and erase any content or data in your possession linked to RapCap.
RAPCAP'S SERVICES AND CONTENT ARE PRESENTED "AS IS" AND "AS AVAILABLE", DEVOID OF ANY EXPLICIT OR IMPLIED GUARANTEES. RAPCAP REFUTES ALL WARRANTIES, ENCOMPASSING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR SPECIFIC PURPOSES, AND NON-INFRINGEMENT. WE DON'T ASSURE UNINTERRUPTED OR ERROR-FREE SERVICE OR THAT OUR OFFERINGS ARE DEVOID OF HARMFUL COMPONENTS. ADJUSTMENTS TO OUR SERVICES MIGHT BE MADE AT OUR DISCRETION WITHOUT PRIOR NOTICE.
BY UTILIZING OUR SERVICES, YOU ACKNOWLEDGE THAT: (A) WE AREN'T MANDATED TO RETAIN ANY FEEDBACK YOU PROVIDE; (B) YOU WAIVE YOUR RIGHTS TO ANY FEEDBACK, ALLOWING RAPCAP TO USE IT FREELY; (C) OUR SERVICES AREN'T MEANT FOR CRITICAL OPERATIONS OR ENVIRONMENTS REQUIRING FLAWLESS FUNCTIONING; (D) ANY CLAIMS RELATED TO OUR SERVICES MUST BE LODGED WITHIN ONE YEAR OF THE INCIDENT; (E) RAPCAP ISN'T ACCOUNTABLE FOR THIRD-PARTY ACTIONS OR DATA, AND YOU RELINQUISH ANY CLAIMS AGAINST SUCH ENTITIES.
RAPCAP ISN'T LIABLE FOR ANY INDIRECT DAMAGES ARISING FROM OUR SERVICES OR THIRD-PARTY SITES. YOU ABSOLVE RAPCAP OF ANY CLAIMS OR DAMAGES STEMMING FROM THE USE OF OUR SERVICES OR VIOLATION OF OUR TERMS.
EXCEPT AS EXPLICITLY MENTIONED IN THIS AGREEMENT, RAPCAP AND ITS AFFILIATES WON'T BE HELD LIABLE UNDER ANY CIRCUMSTANCES. THIS INCLUDES CONTRACT BREACHES, NEGLIGENCE, OR OTHER LEGAL THEORIES. ALL EXCLUSIONS AND LIMITATIONS ARE CRUCIAL TO THIS AGREEMENT, INFLUENCING ITS TERMS, INCLUDING THE FEE STRUCTURE. FURTHERMORE, NO RAPCAP DIRECTORS, PARTNERS, OR EMPLOYEES BEAR LIABILITY IN RELATION TO THIS AGREEMENT OR OUR SERVICES.
The total liability of RapCap, in relation to these Conditions of Use, Content, or Offerings, shall not exceed the amount you've paid for the specific Offering that led to the claim in the month the initial cause for the claim emerged.
You commit to safeguarding, compensating, and keeping RapCap and its affiliates, including their directors, staff, contractors, and partners, free from all liabilities, claims, and expenses, encompassing attorney fees. This is applicable to any claims arising from your use of our Offerings, anyone using your login details, or any breach or assumed breach by you or anyone using your access credentials of these Conditions of Use.
RapCap holds the authority to alter these Conditions of Use periodically, notifying users by updating the version on the Website. It's your responsibility to regularly review these Conditions of Use, including verifying the "Last Update" date at the start. If you continue using our Offerings post any modifications, it implies your acceptance of the revised conditions. If you're discontented with any updates or our operational practices, your sole remedy is to cease using our Offerings and Content.
Should you obtain certain Software through a third-party app platform, beyond these Conditions of Use, the platform's established "Usage Rules" may also govern your Software use. You assure that no prevailing laws or Usage Rules restrict you from using such Software. Acknowledging this, you agree:
By using the Software, you declare that you aren't situated in a U.S. Government embargoed country or termed a "terrorist supporting" nation, and you aren't on any U.S. Government's prohibited or restricted list. Also, you recognize that when using the Software on an Apple device, the licence is confined to non-transferable use on an Apple device you own or control, in compliance with Apple’s Usage Rules in the App Store Terms.
RapCap may transfer this Agreement in whole or in part at any time. You cannot transfer any of your rights or obligations under this Agreement without RapCap’s written consent.
Unless specified otherwise, all communications must be in writing and sent to RapCap. Communications will be deemed delivered when received.
We are not responsible for any failure to fulfill our obligations due to circumstances beyond our reasonable control, such as natural disasters, strikes, or governmental restrictions.
This Agreement, unless otherwise noted, represents the complete understanding between you and RapCap regarding the subject matter.
Any failure by RapCap to act on a breach of this Agreement doesn’t waive our right to act on subsequent breaches.
If any provision of this Agreement is deemed invalid, the remaining provisions will remain in effect.
RapCap’s associates are intended beneficiaries for certain parts of this Agreement. These provisions benefit you and RapCap, not third parties.
Certain provisions of this Agreement, such as confidentiality and limitations of liability, will continue even after the Agreement ends.
RapCap’s representatives are not authorized to alter this Agreement. Changes will be consistent with Section 18.
This Agreement is governed by the laws of the Province of Ontario. Disputes will be resolved in the Province of Ontario courts. You waive rights to class action lawsuits against RapCap.
All parts of this Agreement are to be interpreted in English.