Terms of Use Explained

Please read this Agreement carefully to ensure you understand each provision.

• These Terms of Use apply to all users of the ShaGha. Please note that if you have executed a separate written agreement with ShaGha Datacare regarding your use of certain services, that agreement and not these Terms of Use applies to those ShaGha Services. For example, if you have purchased ShaGha under the ShaGha Terms of Use (Software License Agreement), then your use will remain covered by such terms.
• These Terms of Service (Terms) govern your use of ShaGha Datacare Inc. (Company, ShaGha) web site located at https://www.shagha.ca (the Site) and the services that are made available through the Site (collectively, the ShaGha Service). Please read these Terms carefully. By using the ShaGha Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the ShaGha Service.
• Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
• Your Responsibilities. You agree not to use the ShaGha Service to violate any local, state, national, or international law or regulation.
• Your Account Terms. You may not access the ShaGha Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current ShaGha Plan allows. The sharing of your ShaGha Account login credentials is strictly prohibited. You are responsible for maintaining the security of each Users account, username and password and you are responsible to ensure that each User associated with your ShaGha Account complies with these Terms. ShaGha is not liable for any loss or damage from your (or your Users) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your ShaGha account (even when Data is posted by others who have accounts under your Account). You may not use the ShaGha Service for any illegal or unauthorized purpose as described in the Terms of Use.
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• If you are a ShaGha Enterprise User, please see your Account Terms as included in the ShaGha Enterprise Terms of Use.
• Forms and Submissions. ShaGha does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the ShaGha Service (Forms and Submissions). As between ShaGha and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report public, you grant ShaGha Datacare Inc. a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. ShaGha Datacare Inc. does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
• Automatic Renewal. Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your ShaGha subscription will automatically renew at the end of each billing cycle until you cancel your ShaGha subscription by selecting the starter plan on the billing page. You can also cancel by emailing the ShaGha Support Team at support@shagha.ca. When you downgrade, your account will remain at your current plan through the end of your current billing cycle.
• Credit card details. If you have elected to pay the fees for a ShaGha Datacare Inc. subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, ShaGha may suspend or cancel your ShaGha subscription.
• Downgrades. Downgrading your ShaGha Datacare Inc. account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, ShaGha Datacare Inc. does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.
• Cancellation. Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription. To cancel your ShaGha subscription at any time, go to the Billing section of your account, and downgrade your account to the free Starter plan. If you’re logged into your account, you can simply click Downgrade below the Starter option on the pricing page. You can delete your account entirely by clicking Delete My Account on your Account Settings page. Canceling auto-renew prevents your payment method from being charged at your next billing date, or if you pay by invoice, prevents your next invoice from being issued. Your current subscription (the time you already paid for) is not affected, so you’ll continue to be able to access and benefit from paid features until the plan downgrades on your next billing date.
• 30 Day Money Back Policy. If for any reason you decide to cancel your account within 30 days of your payment, you will be issued a refund for the full amount. If you purchased your ShaGha subscription through the ShaGha website or Google Play, please email the ShaGha Support Team (support@shagha.ca) to request your refund.
• Subscriptions purchased via the Apple App Store are subject to the Apple App Store refund policies and ShaGha cannot refund your payment. To request a refund, please review Apple refund process: https://support.apple.com/HT204084.
• Spam. You agree that ShaGha Datacare Inc. may terminate your ShaGha Service immediately if a form created or ShaGha Datacare Inc. is found to be used inside an unsolicited email.
• Scams. You agree that you will not use the ShaGha Service or any form(s) you create using the ShaGha Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a ShaGha form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
• Phishing. You agree that ShaGha Datacate Inc. may terminate your ShaGha Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
• Collecting Sensitive Information. You may not use the ShaGha Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of ShaGha Datacare Inc. including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
• European Data Collection. If you collect personal data in Europe, you must use EU Safe Forms feature of ShaGha Service.
• Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, ShaGha Datacare Inc. does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to our Customer Support or fill our opt-out form.
• Copyright Infringement. ShaGha Datacare Inc. respects the intellectual property rights of others. Accordingly, ShaGha Datacare Inc. has a policy of disabling access to any Submission that violates copyright law, suspending access to the ShaGha Service to any user who uses the ShaGha Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the ShaGha Service in violation of copyright law.
• Trademarks. ShaGha is a registered trademark of ShaGha Datacare Inc. The ShaGha logo is a trademark of ShaGha Inc. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with ShaGha. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of ShaGha Datacare Inc. All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the ShaGha Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the ShaGha Service, and all rights in such Trademarks is reserved by ShaGha Datacare Inc. or respective holders.
• Payments. ShaGha offers payments through third-party payment processors. By accepting this agreement with ShaGha, you indicate that you have reviewed the Terms of Service and Privacy Policy of the payment processor for the country in which you are located and agree to both.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the ShaGha Service. We may add to the fees at the then applicable rates.
• Termination. You agree that ShaGha Datacare Inc. may terminate your ShaGha Service membership or suspend your access to all or part of the ShaGha Service, without notice, if ShaGha Datacare Inc. determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that ShaGha Datacare Inc. shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the ShaGha Service. You may discontinue your participation in and access to the ShaGha Service at any time.
• Upon termination of this Agreement, for any reason, you agree to cease all use of the ShaGha Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.
• Modifications To Terms. ShaGha Inc. may, in its sole and absolute discretion, change these Terms from time to time. ShaGha Datacare Inc. will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the ShaGha Service. Continued use of the Shagha Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
• Modifications To ShaGha Service. Prices of all ShaGha Services, including but not limited to subscription plan fees to the ShaGha Service. ShaGha Datacare Inc. reserves the right to modify or discontinue the ShaGha Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the ShaGha website or the ShaGha Service itself.
• ShaGha Data shall not be liable to you or any third party should ShaGha exercise its right to modify or discontinue the ShaGha Service.
• ShaGha Data shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.
• ShaGha Data shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
• Email Communications. By giving your email address to ShaGha Datacare Inc. you agree to receive administrative, announcements, newsletters, sales, and marketing emails from ShaGha Datacare Inc. You can opt-out from these emails by clicking on the unsubscribe link at the end of the emails.
• Links. ShaGha Datacare Inc. provision of a link to any other website or Internet resource is for your convenience only and does not signify ShaGha Datacare Inc. endorsement of such other web site or resource or its contents. ShaGha Datacare Inc. shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
• ShaGha Datacare Inc. is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, ShaGha Datacare Inc. provides links to resources. ShaGha Datacare Inc. makes no representations as to the quality, suitability, functionality or legality of any websites to which ShaGha Datacare Inc. may provide links, and you hereby waives any claim you or the User may have against ShaGha Datacare Inc. with respect to any such websites. Unless you have a written agreement or a specific consent in effect with ShaGha Datacare Inc. which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that ShaGha Datacare Inc. is affiliated with any person or entity, or that ShaGha Datacare Inc. otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the ShaGha Datacare Inc. name and Trademarks; (c) all links to the Websites must point to the URL https://data.ShaGha/data/db-index.php and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a frame on the linking website, or any other website.
• Without limiting any of the above, ShaGha Datacare Inc. reserves the right to revoke its consent to any link to the ShaGha website, at any time in its sole discretion.
• No Resale Of ShaGha Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which ShaGha Datacare Inc. agrees you retain all rights) of the ShaGha Service, use of the ShaGha Service, or access to the ShaGha Service.
• Email Delivery. When someone submits your forms, by default you’ll receive the results as an email notification. ShaGha Datacare Inc. goes to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications. We recommend installing ShaGha mobile apps for iPhone, Apple Watch, or Android, and checking the ShaGha site daily to make sure you did not miss any form submission notifications.
• Form Availability. ShaGha Datacare Inc. makes no warranty that forms provided by ShaGha Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.
• Disclaimer of Warranties. You understand and expressly agree that use of the ShaGha Service is at your sole risk. the ShaGha Service is provided on an as is and as available basis. ShaGha Datacare Inc. expressly disclaims all warranties of any kind, whether express or implied, with respect to the ShaGha Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). ShaGha Datacare Inc. makes no warranty that the ShaGha Service will meet your requirements, or that the ShaGha Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of ShaGha is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from ShaGha Inc. or through the ShaGha Service shall create any warranty not expressly made herein.
• Limitation of Liability. You understand and expressly agree that, to the extent permitted under applicable law, in no event will ShaGha Datacare Inc. or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the ShaGHa Service.
• Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that ShaGha Datacare Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ShaGha Datacare Inc. liability shall be the minimum permitted under such applicable law.
• Indemnification. You agree to indemnify, defend, and hold harmless ShaGha Datcare Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the ShaGha Service, (b) your (or anyone using your account’s) use of the ShaGha Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
• Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and ShaGha with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and ShaGha with respect to the subject matter hereof. These Terms and the relationship between you and ShaGHa Inc shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the ShaGha Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of ShaGHa Datacare Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of ShaGha Datacare Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ShaGha Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the ShaGHa Service.
• Third Party Vendors. The User may order or use services through the ShaGha Service from third parties not affiliated with ShaGha Datacare Inc. ( Third Party Vendors). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the ShaGha Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.
• All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. ShaGha makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider ShaGha Datacare Inc., nor will ShaGha Datacare Inc. be construed, as a party to, or a third party beneficiary of, such transactions, whether or not ShaGha Datacare Inc. may have received revenue or other remuneration in connection with the transaction. ShaGha Datacare Inc. will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.
• Privacy Policy. By using ShaGha Services you indicate acceptance of these terms and agree to our Privacy Policy.
• It is the policy of ShaGha Datacare Inc. to respect the privacy of all Users. Your use of the ShaGha Service as well as certain other information about you is subject to the terms and conditions of our Privacy Policy, which is incorporated into these Terms by reference.

Questions - If you have any questions about this terms of use, please feel free to contact us.