Nucleus Terms of Service
Last Modified: March 1, 2018
Pro Church Tools Inc. is a corporation formed pursuant to the Business Corporations Act, R.S.O. 1990, c. B.16 in Ontario, Canada. In consideration for permitting your access to our website, products and services, and other good and valuable consideration, you agree as follows:
These terms and conditions (the “Terms“) form a legally binding agreement which govern your access to and use of Pro Church Tools Inc.’s, (“we“, “us” or “our“) website (“Website“) and our online service, in which we license non-exclusive access to our website builder (the “Service“). The Website and Service are hosted at https://nucleus.church and other domains and sub-domains.
By using our Website and Service, you, the user (“you” or “your“), represent that you are at least 18 years old. If you are using the Website and/or Service or are licensing content from us on behalf of, or in the employ of, an organization (corporation, trust, partnership, church, not-for-profit, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, “you” and “your” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and Pro Church Tools Inc.
- You are at least 18 years old; and
- All information provided to us, whether at the time you established your account or thereafter, is true, accurate and not misleading.
Upon establishing an account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Service in accordance with these Terms but reserve the right to revoke the license and your access to our Website and Service upon terminating your subscription.
Account Not Transferable, Updating Your Account & Security
Access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Website and Service and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether or not you authorized that activity. You agree to immediately notify us of any unauthorized use of your account.
While we take measures to secure communications on our Service, you understand that the technical processing and transmission of the Website and Service, including your content and personal information, may be transferred unencrypted and involve transmissions over various networks and devices not controlled by us.
Pricing and Taxes
We offer access to our website building Service on a subscription basis. Our current pricing and fees are available at https://nucleus.church/pricing. Prices listed are subject to change. However, we will never retroactively change the subscription price for your account, so long as you remain a subscriber.
You can cancel your subscription at any time.
Prices are subject to the addition of sales taxes. You agree to pay all sales taxes applicable to your subscription or arising from amounts owing to us. Additional terms, including but not limited to, price, tax, payment, discounts, refunds or cancellations may be specified on the Website and Service. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement.
Payment for your subscription is due monthly, in advance. In the alternative, you may elect to pay for your subscription on an annual basis.
We reserve the right to suspend access to your account and remove your websites from our Service if you fail to pay your subscription fees as and when they fall due.
Payment processing services are provided by Stripe (https://stripe.com/ca) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You agree and authorize us to bill your credit card via Stripe, or our alternative payment processors in accordance with these Terms.
By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide accurate and complete information about you and your organization, and you authorize us to share such information and transaction information related to your use of the payment processing services provided by Stripe. Please contact us if you have any questions about our third-party payment processor.
Although Stripe’s electronic forms may be hosted on our Website or Service, we accept no responsibility or liability for their collection and storage of your payment details or personal information. Stripe may have their own terms and conditions and privacy policies, which apply to your personal information and payment transactions.
In order to use our Service, you are required to register your own domain name with a domain registrar of your choice. If you require assistance on how to point your domain name to the applicable host servers to setup your website, please contact support at email@example.com.
While we will backup copies of the design templates used on your websites, you are responsible for keeping a backup of the contents of your website, including all text, audio, images and other information.
Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and by independent content providers (“ICPs”). All rights, title and interest in and to the Website, the Service and their contents are and will remain the exclusive property of Pro Church Tools Inc., our ICPs and licensors, including all intellectual property rights. You not permitted to copy, share, sell or distribute any other content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service, without our or the owner’s consent.
The Website, Service and their contents, are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use our Website, Service or any portion of their contents.
You agree not to use any trademark or trade name of Pro Church Tools Inc., including our Nucleus name and logo, without our express permission. However, we may make reference on your website and in the various design templates and software code, that your website was built with or powered by Nucleus.
You Own Your Content
We do not claim any ownership of, nor shall we be responsible for, the contents of the website(s) you build using our Service. However, in order to permit us to host your website and display the content, you grant us a licence to display and use your content on the websites you create.
In addition to our Acceptable Use Policy, which is incorporated by reference, you agree, represent and warrant that any information you add to your websites shall not be in breach of any third-party intellectual property rights. You shall ensure that:
- You are lawfully permitted to display any content you make available on your websites; and
- You will not use any content on your websites in any manner which is unlawful, offensive, threatening, libelous, defamatory or obscene.
We do not pre-screen or review the contents uploaded to your websites. When brought to our attention, we may, but have no obligation to, remove content from your websites that we determine in our sole discretion to be unlawful, damaging, or violate any third-party’s intellectual property rights, these Terms or any policy incorporated by reference herein.
If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible on our Website or Service, or the website of a user of our service, please notify us at firstname.lastname@example.org.
While we take no responsibility for any third-party who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and remove the content from their website(s) hosted using our Service.
ACCEPTANCE OF RISK AND DISCLAIMERS
OUR WEBSITE AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS OR DOWNTIME FOR YOUR WEBSITES HOSTED BY OUR SERVICE, NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE TO (I) DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE; AND (II) TERMINATE YOUR SUBSCRIPTION WITH US, IN ACCORDANCE WITH THESE TERMS.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNT PAID BY YOU TO US (IF ANY), OVER THE THREE (3) MONTHS PRECEEDING ANY CLAIM FOR DAMAGES IS BROUGHT TO OUR ATTENTION.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING CUSTOMER, THE FEES PAID BY YOU, REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU CAN TERMINATE YOUR SUBSCRIPTION AND STOP ACCESSING THE WEBSITE AND SERVICE. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or Service, we are not responsible for their content (the “Linked Sites“). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You hereby agree to irrevocably and unconditionally submit to the jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.
To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
You may cancel your subscription or account with us at any time. However, monthly and annual subscription fees paid in advance of cancelling your subscription are not refundable.
We may also cancel, suspend or terminate your account if we reasonably believe you have or may breach these Terms or any policy incorporated by reference.
We make no representation or warranty as to the ongoing availability of the Service. Accordingly, we may terminate the Service and each users access to it where the Service is being discontinued.
The cancellation, suspension or termination of your subscription or account with us shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, intellectual property rights and obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of Pro Church Tools Inc., or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Any new features that augment or enhance the current Website and Service, including the release of new versions, products or services, tools and resources, shall be subject to these Terms. Continued use of the Website and Service after any such changes shall constitute your consent to such changes.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing and signed by a duly authorized representative of Pro Church Tools Inc.
Last Modified: March 1, 2018
Collection of Personal and Church or Organization Information
When using our website and our online website building service, we may collect your personal, church or organization information, including your:
- Church or organization name;
- Email address;
- Phone number;
- Comments, feedback, reviews and other information you upload or provide via the website;
- IP address and location data, including such data collected via Google Analytics;
- Website statistics and analytics data regarding your use of the website;
- Other types of raw data relating to how you interact with the website, for example, your browser information and session duration;
- Payment, banking and credit card information, which is collected and stored via a third-party payment provider; and
- All other information you provide to us on our website or otherwise.
Third-party service providers we use may have their own privacy policies on the collection and use of your information which either we or you provide them.
Credit Card and Payment Processing Companies
We collect credit card and payment information from you via a third-party. Their additional terms of service and privacy policies may apply to the collection and use of your personal information. If you have questions regarding our payment processor, please contact us.
Although the payment processor’s electronic forms may be displayed on our website, you are providing the payment information directly to them. We will have access to your personal information via the payment provider, although not your full credit card number(s).
The Use of Your Personal Information
The collection of your personal information may be used to:
- Facilitate the operation of the website and our online website building service, including providing your personal information to third-party service providers, such as payment processors and website developers;
- Verify your contact information;
- Promote our website and offerings (including offerings other than Nucleus) to you in various forms of communication;
- Support and improve the website and service we offer;
- Provide customer support;
- Communicate with you about your account, subscription and services we offer;
- Bill and collect money owed to us;
- Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
- Send or display informational and promotional materials from us, our partners, advertisers or third parties to you;
- To meet legal requirements;
- To enforce compliance with any terms and conditions and applicable law; and
- Enhance our service offerings to you and offer you related products and services, whether by email, advertisements or otherwise.
IN ADDITION, WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR OTHERWISE PROVIDED TO US, TO THIRD PARTIES IF REQUIRED BY LAW IN ANY JURISDICTION.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
The Disclosure of Your Personal Information and Access to It
We may share your personal information to our payment providers, advertisers, partners and employees to use that information for one or more of the purposes in which that information was collected.
We also operate the website in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing services to us, or providing you with access to the website and your licensed content. We may use a variety of service providers, servers, advertisers or employees in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.
We may also disclose your personal information to our successors (if our business or the website is acquired by another legal entity) or any assignee of our assets relating to the website and our content.
WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF THAT INFORMATION.
Retention of Your Personal Information
We keep your personal information for as long as it is required for the purpose for which it was collected.
Our Website may place a “cookie” in the browser files of your computer. You can disable cookies on your web browser, however, doing so may interrupt the proper use of our Website.
Nucleus Acceptable Use Policy
Last Modified: March 1, 2018
You agree to use our website (“Website”) and website building service (“Service”) in accordance with the following acceptable use policy.
You agree that you:
- Will not disclose your password or transfer your account to any third-party, or allow any third-party to access your account;
- Will not use your account for your own commercial purposes by sublicensing any rights granted by the Terms without permission or, in any way, sharing the benefit of your account with others. Your account is non-transferrable and may only be used by you;
- Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive, that would violate another person’s rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
- Will not upload, copy, distribute, share or otherwise use content that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner’s express consent;
- Will not impersonate any person or entity;
- Will not access the Website and Service by any means other than through the interface provided by us for use in accessing the Website and Service. This includes not using or launching any automated system including, without limitation, any spider, robot (or “bot”) or scraper;
- Will not interfere with or disrupt the Website, Service or servers or networks connected thereto, make the Service available over a network (other than our network) where it could be used by others or disobey any requirements;
- Will not collect, harvest or store any personally identifiable information, including user account information, from us;
- Will not use the Website or Service in a way that has any unlawful or fraudulent purpose or effect;
- Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Service, in whole or in part;
- Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Service;
- Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit for any commercial purposes any portion of the Website or Service (including, without limitation, your account information, use of the Service or access to the Service;
- Will not use the Website or Service in any way that violates the Terms, or that aids, encourages, or purports to authorize anyone else to violate the Terms or this policy;
- Will not use the Website or Service in any way that intentionally or unintentionally violates any applicable local, state, provincial, national or international law, rule or regulation;
- Will not employ misleading e-mail addresses or falsify information in any part of any communication; and
- Will not upload, transmit, disseminate, post, store or post links to any content that:
- prohibits from transmitting or posting by law, or by contractual or fiduciary relationship;
- facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
- interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack or any other means resulting in a crash of a host either deliberately or by negligence; or
- infringes on, or contributes to any infringement of, any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party.
We reserve the right in our sole discretion to revise this policy, which shall be posted on the Website and Service.