Terms and Conditions The terms you agree to when you use this website and the Bizstim software.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to users who have accurately and truthfully represented themselves as business owners or users associated with the registered business owner and wish to access Bizstim and its cloud-based software to store data in prescribed methods. This is the grant of a 'Use-license (license),' not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Bizstim's web site;
   4. remove any copyright or other proprietary notations from the materials;
   5. transfer the materials to another person or "mirror" the materials on any other server;
   6. attempt to circumvent security in any way or 'probe' for vulnerabilities, white/gray/black hat activities or malicious intent or
   7. use 3rd party software, like VPN's, that purposely 'masks' or 'spoofs' your IP Address to prevent Bizstim from identifying you. The use of a VPN is allowed but you are NOT allowed to disguise an IP Address entirely.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Bizstim at any time.

3. Disclaimer

1. The materials on Bizstim's web site are provided "as is". Bizstim makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Bizstim does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Bizstim or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Bizstim's Internet site, even if Bizstim or a Bizstim authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Bizstim's web site could include technical, typographical, or photographic errors. Bizstim does not warrant that any of the materials on its web site are accurate, complete, or current. Bizstim may make changes to the materials contained on its web site at any time without notice. Bizstim does not, however, make any commitment to update the materials.

6. Links

Bizstim has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Bizstim of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Bizstim may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Bizstim's web site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.

9. Canceling Your Subscription

You can cancel your subscription at any time. For information on canceling your subscription take a look at our Support Page here.

10. SMS Text Messaging

All Business-Users sending SMS messages to End-Users (customers or clients) MUST add to their policies and procedures, privacy policies or contracts a statement that End-Users consent to SMS messaging by the Business-User by default. It MUST be made clear the End-User can request not to receive SMS messages.

When consent is not granted the Business-User must disable the SMS permission for the End-User. Moreover, Business-Users MUST only send SMS messages related to their service offerings; such as, session reminders, pending invoices or promotional material related to their core industry. Furthermore, SMS messages MUST NEVER be sent to End-Users that are not willing consumers of the Business-Users products and services.

No SMS messages can be sent to "cold contact" potential End-Users because they have not consented to such actions in advance. Failure to adhere to this rule will result in the termination of the SMS service.

No Business-Users will be permitted to send SMS messages for political fund raising or communication!

11. Partner Program

1. The Partner Program was re-imagined July 2, 2022. Instead of a sales associate position it was made available to all paid clients to earn referral credits from those they refer. Partners are also referred to as Vendors. Referrals are also referred to as Vendor-Clients.
2. A 12.5% referral credit is applied to the vendor's account each month for those vendor-clients they referred and have a paid subscription in good standing. Here is an example of the payout for subscription fees (subject to change):
   1. Small Business Plan: $5.00
   2. Enterprise Plan: $10.00
3. When a vendor-client renews their monthly subscription the vendor's account is credited. The credit is performed automatically and can be reviewed from the Partner Program page when logged in to the software.
4. If the number of referrals generates a credit on the account that exceeds the cost of the subscription a payout will be sent to the vendor. A minimum of $150.00 credit on the account is required before a payout is initiated. An account's credit is not considered to be an amount owing to the vendor.
5. In circumstances where a vendor discontinues their subscription with Bizstim and the $150.00 threshold for payout has not been met, the vendor is NOT entitled to that credit. The credit will remain on the account if the vendor renews their subscription before their data is deleted. Once data is deleted Bizstim is unable to re-establish a past credit. In addition, in the event the vendor cancels their subscription, their vendor-clients are unlinked as subscriptions are processed each month.
6. Linking a vendor-client to a vendor is never retroactive. This means credit from past subscriptions are not credited to the vendor's account retroactively. Credit is only added to a vendor's account based on real-time processing of subscription payments. If you are a vendor and you have a potential vendor-client, link to that vendor-client as soon as they start their trial account. This way, if the vendor-client does purchase a paid subscription the vendor will be given the benefit of the first subscription payment credit.
7. A Bizstim client can be both a Vendor and a Vendor-Client. However, you cannot have circumstances where any two Bizstim clients are both vendors and vendor-clients to each other. Furthermore, a vendor cannot link their Vendor ID to their own account. Referral credits are only credited once per month per unique vendor-client.
8. Bizstim will not share vendor id's with anyone at anytime. If a vendor wants to link with a vendor-client they must give their vendor id to the vendor-client and the vendor-client must link their account to the vendor. Bizstim will aid vendor-clients to link their account but only if they have attained a vendor id from a vendor. If asked to circumvent this procedure Bizstim employees will decline the request.
9. When a vendor-client takes advantage of the Early-Bird Program and is paying half the regular subscription fee for three (3) months, the vendor will receive 12.5% of the reduced subscription fee. If this is the case, the Small Business Plan credit is $2.50 and the Enterprise Plan credit is $5.00.
10. Bizstim reserves the right to terminate a vendor at any time without explanation. Typical reasons for termination may include, but are not limited to:
    1. inappropriate conduct by the vendor of any kind
    2. fraudulent activity of any kind
    3. the vendor-client requests or initiates an unlinking from the vendor
    4. vendors can also initiate an unlinking from a vendor-client
11. When a vendor-client is 'unlinked' from a vendor the following occurs:
    1. the vendor no longer accumulates a portion of the subscription fee
    2. the vendor is not permitted to contact the vendor-client at any time unless expressly asked to do so by the vendor-client
    3. failure to abide by these rules will result in the vendor's removal from the Partner Program. All credits will be lost.
12. Bizstim does not accept any liability with respect to fraudulent conduct or other nefarious activities by vendors. In the event this is the case, the vendor will be subject to termination as outlined above and face any and all penalties as outlined by the laws of their local government.

12. Service Location Restrictions or Accommodations

Bizstim does NOT provide its software or services to any country that is:

1. an active war zone
2. sanctioned by the United Nations

Members of the European Union (EU) must provide their VAT business number for legal purposes.

13. Newsletter and Guide Programs

If you subscribe to our newsletter or download one of our guides you are automatically enrolled in our newsletter. When e-mails are sent there will be an unsubscribe link made available at the bottom of the e-mail.

If you are unable to unsubscribe you are required to contact the webmaster to rectify the issue and you will be removed from the newsletter at our earliest convenience.

If you start a trial account or purchase a subscription with us you may be enrolled in our newsletter program. Unsubscribe rules are as depicted in the paragraphs above.

14. Client Gifts Policy

Preamble

1. Our reputation for excellence and integrity is a key competitive advantage and we must never do anything to put that reputation at risk. The No Gift Policy is adopted by Bizstim Software Solutions to prevent real or perceived conflicts of interest that may arise. Because it is impossible to describe every potential conflict, the company will rely on your commitment to exercise sound judgment, to seek advice when appropriate, to disclose activities as required by policy and to adhere to the highest ethical standards.
2. In general, you may not accept gifts, hospitality or the conveyance of anything of value (including entertainment) from current or prospective customers, clients, vendors or suppliers. You may never accept a gift under circumstances in which it could even appear to others that your business judgment may be compromised. Similarly, you may not accept or allow a close family member to accept gifts, services, loans or preferential treatment from anyone (whether they are clients, suppliers or others) in exchange for a past, current or future business relationship with Bizstim Software Solutions.
3. Cash gifts or their equivalent (e.g., gift cards or vouchers) may not be accepted under any circumstances.
4. The company recognizes that there would be situations where it may not be possible to decline the gift (e.g. the gift is presented in front of others) without putting those present in an awkward situation. In such a case, the No Gift Policy still allows the receipt of the gift and the employee is required to declare the gift in accordance with the stipulated procedure.
5. The No Gift Policy addresses the receiving of gifts and entertainment. The giving of gifts and entertainment is a separate subject that will be addressed by Bizstim Software Solutions. If you have any questions about the appropriateness of accepting a gift, invitation, lucky draw or other prize, you should discuss the matter with your manager or HR prior to participation or acceptance.

Scope

1. This policy covers all employees, whether they are part-time, full-time or term-contract, working with Bizstim Software Solutions.
2. An employee's working relationships may bring him or her into contact with outside organizations where it is normal business practice or social convention to offer gifts. Such gifts to an employee or their family can place the employee in a difficult position. Therefore, no employee or any member of his or her immediate family should accept a gift from a third party with existing or potential business relations with Bizstim Software Solutions.

What is a gift?

Gifts include, but are not limited to the following:

1. Money, goods, service and any other form of benefit offered by vendors, suppliers, customers, potential employees, potential vendors, and suppliers, or any other individual or organization;
2. Favors or preferences as regards price, or otherwise, from contractors or vendors which is not generally available;
3. Invitations to golfing or other sporting activities by customers, vendors or other party;
4. Visits to Conferences or events offered by another party;
5. Dinners, meals, parties or entertainment offered by banks or other party;
6. Vendor or potential vendor or supplier-provided food, beverages, meals, or entertainment including attendance at sporting events.

What do I do when a gift is offered?

1. The company requires its employees to ensure that gifts are declined. This applies whether the gifts are offered within or outside normal working hours and in Bizstim Software Solutions' premises or outside the company's premises. Employees should politely decline the gift and inform the giver of the company's No-Gift Policy. Suggested wordings are contained in Annex A.
2. Even if the gift is sent by post, the employee must return the gift with a suitably worded note of thanks. Suggested wordings are contained in Annex A.

What do I do when it is not possible to decline a gift?

1. Contact your manager right away and that manager will register the gift and follow the proper procedures for resolution.

Exceptions

1. The only exceptions to this No-Gift Policy are trivial gifts such as a calendar, diary, mugs, t-shirts, pens, trade show bags & all other items that employees obtain as members of the public at events such as conferences, training events, seminars, and trade shows that are offered equally to all members of the public attending the event. It also includes attendance at, and food, beverages and items provided at events, exhibitor trade show floor locations, press events and parties funded by conference or event sponsors.

What happens if an employee violates the policy?

1. An employee who violates the No-Gift Policy is liable for disciplinary action including but not limited to, termination of employment or dismissal.

Annex A

Suggested verbal or written response to decline gift:

Thank you for the gift. We are truly appreciative of your generosity and kindness. I need to inform you that Bizstim Software Solutions has a no-gift policy. Thus I am afraid I am unable to accept the gift. I hope you understand.

Thank you once again for your thoughtfulness and generosity.

15. Management Accounts and Account Emulation

1. A "Management Account" (also referred to as a "Management User") is an oversight account that allows an organization, such as a franchisor, head office, or multi-location operator, to link one or more Business-User accounts for the purposes of oversight, support, and reporting. Bizstim provisions a Management Account at the request of the overseeing organization.
2. A Business-User account is linked to a Management Account only by the affirmative action of the Business-User, who must enter a join code supplied to them. Linking is voluntary, and the Business-User may disconnect (unlink) from a Management Account at any time from within the software.
3. "Emulation" means the ability of a Management User to access and operate a linked Business-User's account, viewing and acting upon the account and its data as the Business-User would. Emulation is disabled by default and becomes available only when the Business-User expressly grants emulation consent for that link. The Business-User may withdraw emulation consent at any time.
4. By granting emulation consent, the Business-User acknowledges and agrees that the Management User will be able to view, create, modify, and delete data within the Business-User's account, including End-User Client Data that may contain personal information. The Business-User is solely responsible for the decision to grant emulation consent, for the Management Account it selects, and for ensuring it has the authority and lawful basis to permit a third party to access such data.
5. Bizstim provides emulation solely as a technical facility. Bizstim does not control, direct, or supervise the actions of a Management User within a Business-User's account and is not responsible or liable for any act or omission of a Management User, including any access to, use, modification, disclosure, or deletion of data carried out during an authorized emulation session.
6. The relationship between a Business-User and a Management Account (for example, the relationship between a franchisee and its franchisor) is solely between those parties. Bizstim is not a party to that relationship and disclaims all liability for any dispute, loss, or damage arising out of or relating to it, including the granting or withdrawal of emulation consent.
7. A Management User represents and warrants that it is authorized to act on behalf of the overseeing organization, that it will access linked Business-User accounts only for legitimate oversight, support, and reporting purposes, and that it will comply with all applicable laws, with these Terms, and with the confidentiality and data-handling obligations that apply to the Business-User whose account it accesses.
8. Withdrawal of emulation consent or unlinking takes effect on a going-forward basis only. Bizstim is not responsible for data that was accessed, exported, or retained by a Management User prior to such withdrawal or unlinking.
9. Granting emulation consent does not alter the parties' roles in respect of data. The Business-User remains the data controller for the End-User Client Data in its account, the Management Account acts as an authorized party for such data once access is granted, and Bizstim remains a processor as described in our Privacy Policy.
10. Bizstim maintains an audit log of management activity, including emulation sessions and the linking and unlinking of accounts, to support accountability. Bizstim may suspend or terminate a Management Account at any time, including for any misuse of emulation.

16. Question Banks and Uploaded Study Content

1. The software allows Business-Users to create or upload study content, including question banks, questions, answer choices, explanations, and images (collectively, "Question Content"), and to deliver that content to their End-User Clients through practice and assessment tools.
2. The Business-User represents and warrants that it owns, or has obtained all rights, licenses, and permissions necessary to use, all Question Content it uploads, and that such content does not infringe the intellectual property or other rights of any third party, including the publishers of standardized examinations and other test-preparation materials.
3. Question Content remains the property of the Business-User. The Business-User grants Bizstim a limited, non-exclusive license to host, store, reproduce, and display such content solely as required to operate the software and deliver the content to the Business-User's End-User Clients.
4. Bizstim does not review Question Content for accuracy, completeness, or lawfulness, and accepts no responsibility for it. Bizstim may remove or disable any Question Content upon receiving a credible claim of infringement, and may suspend or terminate accounts responsible for repeated infringement.

Questions about these terms? Contact us.