Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Shimmering-ideas website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

Shimmering-ideas provides MVP archival and preservation services for software products. Our services include but are not limited to:

• Source code archival and preservation
• Design asset preservation
• Environmental containerization
• Documentation archival
• Legacy recovery services

Specific service terms are detailed in individual service agreements between Shimmering-ideas and our clients.

3. User Responsibilities

When using our website and services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of any account credentials
• Notify us immediately of any unauthorized use of your account
• Use the website and services only for lawful purposes
• Not interfere with or disrupt the website or services
• Not attempt to gain unauthorized access to any systems or networks

4. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Shimmering-ideas or its content suppliers and is protected by Canadian and international copyright laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from this website without prior written consent from Shimmering-ideas.

5. Client Content

When you submit content to us for archival services:

• You retain all ownership rights to your content
• You grant us a limited license to store, process, and preserve your content as necessary to provide our services
• You represent that you have the legal right to submit the content and that it does not infringe any third-party rights
• You are responsible for maintaining backups of your content

6. Confidentiality

We treat all client materials as confidential. Our confidentiality obligations are detailed in our service agreements. We will not disclose your archived materials to third parties except as required by law or with your explicit consent.

7. Service Availability

We strive to maintain high availability of our website and services, but we do not guarantee uninterrupted access. We may temporarily suspend access for maintenance, updates, or other operational reasons. We will provide notice when reasonably possible.

8. Limitation of Liability

To the fullest extent permitted by law:

• Our website and services are provided "as is" without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability is limited to the fees paid by you for the services in question

9. Indemnification

You agree to indemnify and hold harmless Shimmering-ideas, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the website or services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit to us for archival

10. Termination

We may terminate or suspend your access to our website and services at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

12. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. If informal resolution is unsuccessful, disputes will be resolved through binding arbitration in Toronto, Ontario, unless you opt out of arbitration within 30 days of accepting these Terms.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Shimmering-ideas regarding the use of our website and services.

16. Contact Information

For questions about these Terms, please contact us:

Shimmering-ideas
425 Adelaide Street West, Suite 700
Toronto, ON M5V 3C1, Canada
Email: [email protected]