TERMS OF SERVICE (version: March 31, 2022)
Last Updated: March 31, 2022
PLEASE READ THESE TERMS CAREFULLY, BEFORE USING THE APPLICATION, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.
Your use of the Application is subject to these Terms. Each time you use or access the Application, you agree to be bound by these Terms, and you represent that you have read and understand the rights, obligations, terms and conditions set forth herein and agree to be legally bound by them. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use and must immediately cease accessing the Application.
In some instances, both these Terms and separate terms of service, rules, policies or guidelines set forth additional terms and conditions that may apply to the Application and any applicable Tourlitix policies, terms and conditions (collectively, the “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will prevail, unless the Company determines otherwise, in its sole and absolute discretion.
- The Application
The purpose of the Application is to optimize live performance touring through the leveraging of data analytics.
Presently, the Application may be used free of charge.
Should this change in the future, you will be notified in writing no less than 30 days in advance. If you disagree with such proposed changes, you should discontinue your use of the Application.
In the event that fees are charged for future versions of this Application and you wish to continue using the Application, you will be required to select a payment plan and provide Tourlitix or its payment processors or providers information regarding your credit card or other payment instrument.
You acknowledge that Tourlitix may, from time to time, add additional features or functionalities to the Application that Tourlitix will not make generally available without payment of fees, and that your access to and use of such additional features and functionalities may require payment by you of fees.
- User Representations and Warranties
When you use this Application, you represent that:
- you agree to the Terms;
- the information you submit is truthful and accurate;
- your use of the Application does not and will not violate any applicable law or regulation;
- to the extent that the use of the Application involves the use of third party services, you agree to be bound by and comply with any terms, conditions and/or policies that the third party provider of such services may have in place;
- you are at least or above the greater of (i) the age of 18 years old or (ii) the age of majority in your jurisdiction of residence;
- you will comply with all the rules for online conduct specified in these Terms (as set out in Section 2 below);
- you will not use the Application or any other proprietary information of Tourlitix to generate datasets for human pose estimation for the purpose of building or training models; and
- you will not develop products, platforms, services or applications of any kind derived from or using the Application or any other proprietary information of Tourlitix;
You will not use the Application for any unauthorized purpose.
The Application will continue to change over time as Tourlitix refines and adds more features to it. Such modifications may be made at any time without prior notice to you. Tourlitix may also remove any content, materials or features from the Application or its servers at its discretion.
Subject to the Terms, the Additional Terms and all applicable laws, Tourlitix hereby grants to you a limited, non-exclusive, non-transferable and revocable right and licence to download, install and use the Application (excluding source code) on your personal computer and/or mobile device only for personal, test, demonstration and non-commercial purposes. You are not granted the right to use the application for any commercial purposes, except as such right might be granted via a separate agreement with Tourlitix.
All of the content of the Application, all copy, software, graphics, designs and all copyrights, trademarks, service marks, and logos and other intellectual property or proprietary rights contained on or used in connection with the Application, including any source code, header files, library and applications binaries and machine-learning models (collectively, the ‘‘Materials’’) are owned by or licensed to Tourlitix and are subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. Tourlitix reserves all rights not expressly granted in and to the Materials.
Except as set forth herein, these Terms do not grant you any right to use the Tourlitix trademarks, logos, domain names or other brand features and no license, right or interest in the Application and the Materials is granted to you. You may not remove any watermarks, labels, or other legal or proprietary notices included in or generated by the Application or the Materials. The grant of this license does not permit dissemination or publication of the Application or the Materials through any public forum.
- Assignment of Feedback to Tourlitix
While Tourlitix appreciates receiving users’ feedback, please be aware that Tourlitix may use any feedback, comments, or suggestions you send or post in its forums without any obligation to you. By submitting a comment or feedback to Tourlitix, you hereby assign and shall assign to Tourlitix all of your right, title and interest in and to all such comments and feedback.
- Management of the Application
4.1 Tourlitix’s Application Management
Tourlitix may, but is not required to:
(a) monitor or review the Application for violations of these Terms and for compliance with the Additional Terms;
(b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; or
(c) manage the Application in a manner designed to protect Tourlitix’s and third parties’ rights and property or to facilitate the proper functioning of the Application.
4.2 Updates and Changes to the Application
Tourlitix and/or its licensors may deploy or provide patches, updates, upgrades, error corrections, bug-fixes, modifications and additional features or functions to any Application that must be installed for you to continue accessing and using the Application. Tourlitix and/or its licensors may upgrade or update the Application remotely, including the Application residing on your machine, without your knowledge or consent, and you hereby grant to Tourlitix and its licensors your consent to deploy and apply such patches, updates, upgrades, error corrections, bug-fixes, and modifications, and additional features or functions to the Application. Tourlitix has no obligation to make available to you any subsequent versions of the Application. You may have to enter into a renewed version of these Terms, in the event you want to download, install or use a new version of the Application.
Tourlitix and/or its licensors reserve the exclusive right and may, at any time and, except as provided for in these Terms or under applicable law, without notice or liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Application, whether temporarily or permanently, in whole or in part. Any such Change shall notified to you in writing no less than 30 days in advance by way of posting on the Application or by any other method of notice Tourlitix deems appropriate, and become effective on the 31st day following such notice. Any access or use of the Application after such notice of Change, constitutes acceptance by you of such Change.
You agree that neither Tourlitix nor any of its affiliates and their licensors, suppliers, officers, directors, employees, agents, service providers and other contractors are liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Application, and termination of any license.
4.3 Availability of the Application
Tourlitix does not guarantee that the Application is compatible with any user’s computer or mobile device, or network through which the Application is accessed. Tourlitix makes every effort to keep the Application up and running smoothly. However, temporary interruptions in the availability of the Application may occur from time to time as normal events. Tourlitix takes no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues.
- Other Content
The Application may contain links to third-party websites or resources (“Third Party Sites”). Tourlitix does not own or operate these Third Party Sites, and Tourlitix does not endorse any Third Party Site or any materials, opinions, goods or services available on them. Third party materials that are accessed through or used by means of the Third Party Site may also be protected by copyright and other intellectual property laws. Tourlitix has not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. Tourlitix is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
- Term, Termination and Survival
These Terms shall remain in full force and effect while you use the Application or any other service provided by Tourlitix through the Application. You can stop using the Application any time and for any reason.
Tourlitix reserves the right to suspend or end the Application, or your use of the Application at any time, with or without cause, and with or without notice. For example, Tourlitix may suspend or terminate your use if you are not complying with these Terms, or use the Application in any way that would cause Tourlitix legal liability or disrupt others’ use of the Application. The following sections will survive any termination of these Terms: 1.3, 2, 3, 4 and 6 to 14.
Tourlitix shall have no obligation to continue to store or permit you to retrieve any content from the Application following termination of this Agreement.
6.2 Effect of Termination
Upon expiration or termination of these Terms for whatever reason:
(a) your right to use the Application shall cease, and Tourlitix shall have no further obligation to make the Application or any other service available to you; and
(b) except as otherwise expressly stated herein, all rights and licenses granted to you under this Agreement will immediately cease.
- Choice of Law and Forum
The use of the Application and any other service provided by Tourlitix under the present Terms is governed by the substantive law of the province of Ontario (exclusive of its choice of law provisions). You and Tourlitix agree to submit to the exclusive jurisdiction of the courts of the province of Ontario sitting in the judicial district of Toronto, Ontario, Canada. You and Tourlitix further agree that any disputes shall be resolved under the substantive law of the Province of Ontario (exclusive of its choice of law provisions).
- The Application is Available ‘’AS IS’’
WHILE TOURLITIX STRIVES TO KEEP ITS APPLICATION AND ANY CONTENT THEREIN UP-DO-DATE AND CORRECT, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND TOURLITIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY OF THE APPLICATION AND ANY CONTENT THEREIN. ANY RELIANCE YOU PLACE ON THE APPLICATION AND ANY CONTENT THEREIN IS THEREFORE STRICTLY AT YOUR OWN RISK.
While Tourlitix uses industry standard practices to maintain the security of its Application, users are responsible for ensuring that their own equipment has appropriate security and virus protection features.
- Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE APPLICATIONS.
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOURLITIX AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, PROFITS, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TOURLITIX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold Tourlitix and each of its affiliates and their licensors, suppliers, officers, directors, employees, agents, service providers and other contractors, harmless from and against any actions, proceedings, loss, liability, claim, causes of action, debts, damages, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the information you share, your use of the Application and/or arising from a breach of these Terms, any breach of any terms, conditions and/or policies of a third party service provider which applies to you as a result of your use of the Application, and/or any breach of your representations and warranties set forth above. The indemnification obligations set forth herein shall survive termination of these Terms.
- Void Where Prohibited
The information provided through the Application is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tourlitix to any registration requirement within such jurisdiction or country. Tourlitix makes no representation or warranty that any material on or in the Application is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. You are responsible for compliance with all applicable local laws.
Tourlitix may modify, amend or supplement any provision of these Terms from time to time. Tourlitix will provide you with a reasonable advance notice of proposed changes to these Terms of no less than thirty (30) days. If you disagree with the proposed changes, you should discontinue your use of this Application and any other service provided by Tourlitix through the Application. Your continued use of the Application after the amendments take effect will constitute your consent to such changes.
PLEASE READ THESE TERMS CAREFULLY AND CHECK THESE TERMS PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OR TO ANY SUBSEQUENT MODIFICATIONS THERETO, YOU MAY NOT USE THE APPLICATION AND SHOULD DISCONTINUE YOUR USE OF THE APPLICATION AND ANY OTHER SERVICE PROVIDED BY TOURLITIX THROUGH THE APPLICATION.
- Miscellaneous Terms
14.1 Entire Agreement
These Terms, as amended from time to time, including any and all documents and policies references herein, constitute the sole and entire agreement between you and Tourlitix with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
14.2 No Waiver
Tourlitix’s failure to enforce a provision is not a waiver of its right to do so later.
If any term or provision of these Terms are invalid, illegal or unenforceable, in any jurisdiction, such invalidity, illegality or unenforceability shall not invalidate or render unenforceable such term or provision in any other jurisdiction. Where any term or provision of these Terms are invalid, illegal or unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting Tourlitix’s intent as closely as possible.
14.4 No Assignment
You may not assign any of these Terms, and any such attempt is void, but Tourlitix may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Application.
Any notice or communication required or permitted to be given hereunder must be in writing, signed or authorized by the party giving notice, and may be: (a) delivered by hand, deposited with an overnight courier; (b) sent by e-mail with delivery receipt; or (c) in the form of a notice displayed in the Application (for notices or communications given by Tourlitix to you only); and (d) mailed by registered or certified mail, return receipt requested, postage prepaid, to the following:
(i) In your case, to the mailing address or e-mail address that you have provided to Tourlitix; and
(ii) In the case of Tourlitix :
Mailing address :
If you have any questions, you may contact Tourlitix at privacy@Tourlitix.com.