Terms of Use

(Last modified April 30, 2025)

1. Introduction, Acceptance, Definitions, and Modifications

Welcome to Glitching! We hope you will enjoy and appreciate using our “Platform”, which includes: (i) visiting or using the Website at https://www.glitching.ai (the “Website” which includes all subpages and subdomains); (ii) the Glitching online “Application” available at https://www.glitching.ai/dashboard where you can access your “Account” if you have signed up for a “Subscription” to help set up and manage your AI-powered Ecommerce store (your “Online Store”) and related functions; and (iii) various other online services offered by Glitching.

By interacting with the Platform in any way, or by clicking or tapping the acceptance button upon signing up for a Subscription, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Platform. The TOU are a legal and binding agreement between you and us.

If you are using the Platform and accepting or agreeing to these TOU on behalf of a company, partnership, association or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these TOU and, in such event, "you" and "your" will refer and apply to that Legal Entity.

The Platform, and the “Glitching” name and trademark, are owned and operated by SSTL Technologie Inc., a duly-incorporated company located in Montreal, Canada at the address listed below. Where the present TOU refer to “Glitching” they may refer to SSTL Technologie Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to SSTL Technologie Inc. and / or its Representatives.

In these TOU, a Website visitor or Platform user may be referred to as “you” or “your”. When a Platform user has signed up for a Subscription and is logged in to their Account, they may be referred to in these TOU as a “Logged-In User”.

Glitching reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Platform following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Glitching, we will use commercially reasonable efforts to notify you by posting a prominent notice when you use the Platform for the first time following those changes, or if you have an Account, by email to the email address associated with your Account.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Platform.

2. Contacting Us

If you have any questions about these TOU, please contact us at:

Glitching Legal Services
legal@glitching.ai

or:

Glitching Legal Services
12655 69e Avenue (R.-d.-P.)
Montréal, Québec
Canada
H1C 1L5

If you have any questions regarding the Platform itself, please contact us by using our Contact Form or emailing support@glitching.ai.

3. General Code of Conduct for Use of the Platform

In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Platform in any way, you will:

• Not use the Platform in any manner that in any way violates these TOU or any other applicable policy posted on the Website or in the Platform by Glitching;
• Not use the Platform in any manner that violates any intellectual property rights of Glitching or any third party;
• Not use the Platform in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
• Not use the Platform in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Glitching or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of Glitching, other Platform users, or any other third party;
• (1) take any action that imposes or may impose (as determined by Glitching in its sole discretion) an unreasonable or disproportionately large load on Glitching’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Platform or any activities conducted on or via the Platform; (3) bypass any measures Glitching may use to prevent or restrict access to the Platform or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Platform; or (5) harvest or scrape any content from the Platform in an unreasonable manner;
• Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Platform, except for refusing any targeted or relational advertising as described in our Privacy Policy, which is your right;
• Not use the Platform to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy, except as permitted by the nature and function of the Platform;
• Not interfere with any third party’s use or enjoyment of the Platform;
• Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
• Not attempt to do any of the foregoing prohibitions;
• Use the Platform in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

4. Subscriptions for the Application

a. Subscriptions, Accounts and Passwords

In order to be able to access the Application, you will be required to sign up for an Account, and pay the Subscription Fees as described below. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.

As part of the registration for your Account, you will be asked to create a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties and adheres to the requirements presented to you upon signing up. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your Account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your Account credentials or any other breach of security regarding your Account.

If you are a Logged-in User, it is strongly suggested that you log out of your Account at the end of every session, or not leave a logged-in Account unattended for any period of time. Glitching and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Platform with your Account credentials and accessing your Account through any means, and disclaims any responsibility in this regard.

Glitching reserves the right to suspend or terminate your Account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described below.

b. Alternative Login Credentials

You may also create an Account using valid Google account login credentials. By selecting this option, you authorize Glitching to access your Google account in this manner, solely for the purpose of creating your Account and controlling your login to the Application.

c. Age Requirements

If you are purchasing a Subscription in the Platform, you affirm that you are at least eighteen (18) years of age or over, or the age of majority in the jurisdiction you reside and from which you access the Platform where the age of majority is greater than eighteen (18) years of age. If you purchase a Subscription and you are under the age of majority in your jurisdiction, you acknowledge and agree that you are: (i) doing so at your own risk (ii) subject to the same requirements and restrictions as found in these TOU; and (iii) may not benefit from the same legal protections as someone who is of the age of majority.

d. Subscriptions Plans

Subscriptions are currently available at three plan levels – Lite, Unlimited and Premium. The benefits and restrictions of each Subscription plan are available on the pricing page of the Website, along with the “Subscription Fees” payable for each plan. Glitching reserves the right to modify the plans at any time and without notice; however, if you have signed up for a particular plan you will remain on that plan with its benefits and restrictions until the end of your Subscription.

e. Subscription Information

The information required to sign up for a Subscription is the following: your email address, your country and zip or postal code, and optionally your phone number (in addition to the Billing Information listed further in these TOU). This information you submit as part of the sign-up process may be referred to in these TOU or the Privacy Policy as “Subscription Information”.

By submitting Subscription Information, you represent and warrant that the information is true and accurate to the best of your knowledge. Submitting false or misleading Subscription Information may result in you being banned from using the Platform, at our sole discretion.

5. Subscription Fees, Other Payments and Payment Processing

a. Payment of Subscription Fees and Automatic Renewal

The amount of the monthly or annual Subscription Fees for each Subscription plan are available on the pricing page of the Website. The Subscription Fees are firm and in the currency presented to you, which may be converted to other currencies upon payment depending on your location and / or credit card agreement. By signing up for a Subscription and clicking on the “Subscribe now” button on the payment page, you agree to pay the Subscription Fees presented to you upon signing up, plus any applicable taxes presented to you on the payment page.

You will be charged the Subscription Fees on the day you sign up for your Subscription (the “Initial Billing Date”). The Subscription Fees shall subsequently be charged on the monthly or annual anniversary (depending on your chosen preference) of the Initial Billing Date. The monthly or annual payment period of your Subscription shall be referred to in these TOU as the “Billing Period”.

YOUR SUBSCRIPTION AUTOMATICALLY RENEWS AT THE END OF EVERY BILLING PERIOD. If you wish to cancel your Subscription and avoid paying the Subscription Fees for the next Billing Period, you must do so prior to the end of the current Billing Period, no later than 1 hour prior to the end of the Billing Period, so that your credit card will not be charged again. You can cancel your Subscription and avoid paying the Subscription Fees by accessing the Account Settings page in the Application when you are a Logged-in User. You can also cancel your Subscription by contacting us using the Contact form when you are a Logged-in User, however if you choose this method, you must contact us no later than 48 hours prior to the end of the Billing Period.

If you cancel your Subscription prior to the end of the Billing Period, you shall not be entitled to any refund of any Subscription Fees already paid for that Billing Period, except as described in the 30-Day Guarantee section below. Glitching, however, may refund some or all of the Subscription Fees, at our sole discretion depending on the circumstances.

b. Payments for Additional AI Credits

In addition to the Subscription Fees, as a Logged-in User you have the option of purchasing credits for additional use of AI (“Credits”), for example to create additional video advertisements (“Ads”) beyond what is included in your Subscription. The prices for the Credits are firm and in the currency presented to you, which may be converted to other currencies upon payment depending on your location and / or credit card agreement. By clicking on the “Get Credits” button on the “Purchase AI Credits” pop up in the Application, you agree to pay the amount of the fees for the Credits presented to you, which includes the applicable taxes.

c. Billing Information and Payment Processing

In order to pay for your Subscription Fees or Credits through the Platform, you will be required to enter the name on your credit card, credit card number, credit card expiry date, card security code (CVV), and billing address if required by the nature of your credit card or credit card agreement. This may be referred to in these TOU or the Privacy Policy as “Billing Information”.

All Subscription Fees or Credits payments are made using a secure https:// connection, and payment processing is handled through the “Third-Party Payment Processors” Paddle and PayPal though this is subject to change without notice. You may also pay using your valid Google Pay or Apple Pay (also Third-Party Payment Processors) accounts. The Third-Party Payment Processors currently accept certain credit cards as payment options but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processors, they are processed in accordance with their program rules and procedures and Terms of Use. Glitching and the Third-Party Payment Processors are unaffiliated companies and Glitching has no influence on the operations of the Third-Party Payment Processors. Glitching and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of a Third-Party Payment Processor.

All Billing Information is collected by the Third-Party Payment Processors, on their own secured servers. Glitching does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processors. Non-financial information will, however, be available to Glitching for record-keeping purposes.

d. 30-Day Guarantee and Refunds

If you are unsatisfied in any way during the first 30 days of your Subscription, or for any reason whatsoever you do not want to continue your Subscription beyond the first 30 days, please email support@glitching.ai or use the Contact form when you are a Logged-in User within the first 30 days from the Initial Billing Date and we will refund the entirety of the Subscription Fees you have already paid, no questions asked. Refunds shall be issued to the same credit card you used to pay the Subscription Fees, or other method if necessary.

More information about the guarantee and refunds is available on our Refund Policy page on the Website.

e. Changing your Subscription Plan During the Billing Period

You are free to modify your Subscription plan at any time during the Billing Period, which you can do by accessing the “Change Plan” page in the Application when you are a Logged-in User. If you upgrade your plan to a plan with higher Subscription Fees you will be charged the prorated amount for the balance of the current Billing Period. If you move down to a plan with lower Subscription Fees you will be credited the prorated amount for the balance of the current Billing Period upon renewal of your Subscription.

6. Disclaimers Regarding AI and Third-Party Ecommerce Platforms

a. Disclaimer Regarding Artificial Intelligence and the Application

The Application makes use of certain third-party Artificial Intelligence (AI) systems including generative AI and Large Language Models (collectively, the “Third-Party AI”), in order to assist in the development of your Online Store, creation of User Content (as defined below) and various other functions. While Glitching is confident in its Application and the Third-Party AI, the nature of this type of service and the use of the Third-Party AI means that results cannot be guaranteed. You should always verify any decision taken or action performed by the Third-Party AI by independent means.

Without limiting the generality of the Disclaimer of Warranties further in these TOU, Glitching and / or its Representatives shall not be responsible for any losses or damages, pecuniary or otherwise, to you resulting from your reliance upon the Third-Party AI, and Glitching disclaims any responsibility thereto.

b. Disclaimer Regarding Third-Party Ecommerce Platforms and the Application

In order fully benefit from the Application, you will be required to set up an account with Shopify (the “Third-Party Ecommerce Platform”), create an online store through the Third-Party Ecommerce Platform, and connect it with your Account at Glitching. While Glitching is designed to work with the Third-Party Ecommerce Platform, Glitching and the Third-Party Ecommerce Platform are unaffiliated companies and Glitching has no control over the operations of the Third-Party Ecommerce Platform.

Without limiting the generality of the Disclaimer of Warranties further in these TOU, Glitching and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of a Third-Party Ecommerce Platform, and Glitching disclaims any responsibility thereto.

7. Ownership Rights and Intellectual Property

a. Intellectual Property Rights of Glitching

You acknowledge that: (i) the Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (ii) except as provided below, Glitching and/or third parties (via license) own all right, title and interest in and to the Platform and content that may be presented or accessed through the Platform, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Glitching and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Platform, or content that may be presented or accessed through the Platform for any purpose, unless otherwise permitted by these TOU or the functionalities of the Platform; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Platform; or (iii) remove, obscure, or alter Glitching’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Platform.

The content, arrangement and layout of the Platform, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Glitching, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Glitching, or as permitted by the functionality of the Platform or these TOU. Any unauthorized use of the content, arrangement or layout of the Platform, Computer Code, images, logos, videos, audio or trademarks found in the Platform or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Glitching may take action accordingly.

The above paragraph further applies to third party property used as part of the Platform, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

b. Submitted Information

If you choose to communicate to Glitching (via any means) suggestions for improvements to the Platform or any idea or proposal related to Glitching or its businesses or properties (collectively, “Feedback”), Glitching shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Glitching and waive in favor of Glitching, its successors and assigns all your moral rights in the Feedback; and agree to provide Glitching such assistance as Glitching may require to document, perfect, and maintain Glitching’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Glitching, you are not entitled to any compensation or reimbursement of any kind from Glitching under any circumstances.

c. User Content Ownership (Logos and Ads)

As a Logged-in User, you may use the Application to create and certain content, most notably logos using the third-party service Ideogram (“Logos”) and Ads using the third-party service Creatify, which will be visible on the internet both through the Platform and generally, and downloadable. Logos and Ads shall be deemed “User Content”. By creating User Content through the Application, you acknowledge and agree to the following:

• You are hereby granted ownership rights in the User Content you create, including its related Intellectual Property Rights. Glitching represents and warrants it has the necessary rights to grant you this ownership. However, by creating User Content with the Application, you hereby grant Glitching a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Platform and / or Glitching's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that Glitching may retain, but not display or distribute, server copies of User Content that have been removed or deleted. This license is perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
• You will not create any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortious. Furthermore, you will not create, upload or display any User Content that is racist, sexist, homophobic, or otherwise abusive or offensive to any minority or group; contains any adult content or political militancy; or create or display any User Content that contains any viruses, mass mailing, chain mailing or any other form of spam.

Glitching and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your creation or use of, or reliance on, any User Content, and disclaims any responsibility in this regard.

8. External Links

From time to time Glitching may provide links to other websites or services. Links from the Platform may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. Glitching provides those links as a convenience to you and Glitching takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use / Terms or Service and / or Privacy Policy of any website or service you visit. Glitching does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

In no way will Glitching be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) arising from your use of websites or other services that may be linked to from the Platform or the information thereon; (2) arising from any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) arising from the actions of the operators of any such website or service.

9. Interruption of the Platform

From time to time, the Platform (or certain portions thereof) may be unavailable for periods of time for maintenance and / or modifications to the Platform. While we will endeavour to make this unavailability as brief as possible, Glitching shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Platform, and disclaims any responsibility thereto.

10. Termination of the Platform or Your Access to the Platform and the TOU

You agree that Glitching, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your Account credentials, or otherwise terminate your access to or use of the Platform (or any portion thereof), immediately and without notice, if Glitching believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy.

You may also end your access to the Application by canceling your Subscription using the function available in the Subscription management section of your Account when you are a Logged-in User, or by contacting us using the Contact form when you are a Logged-in User.

Glitching may also, in their sole discretion and at any time, discontinue providing the Platform, or any part thereof, with or without notice. You agree that Glitching shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Platform, or from Glitching’s termination of the Platform or any part thereof.

Termination of the Platform or your access to the Platform (or any portion thereof) shall terminate the present TOU as between you and Glitching. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties

You expressly understand and agree that your use of the Platform, the information thereon (whether provided by Glitching or third parties) or any activity arising from your use of the Platform (including but not limited to the operation of your Online Store) or the information thereon or the information downloaded therefrom is at your sole risk. The Platform, any information downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any information obtained through the use of the Platform or any other functionalities of the Platform, or losses or damages (financial or otherwise) resulting from your use of the Platform, the information thereon, any information downloaded therefrom, or any activity arising from the use of the Platform, including but not limited to the operation of, or sales from, your Online Store.

The information or resources provided through the Platform, written or produced by Glitching staff, freelance writers or other subcontractors hired by Glitching are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Platform is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Glitching shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Platform or the information thereon, or your reliance on such information whether the information is correct or not.

Glitching expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Platform, the information thereon or any information downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Glitching, its affiliates and their respective Representatives, do not warrant that: (i) the Platform will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by Glitching or third parties) available on or through the Platform are free of viruses or other harmful components; (iv) functionalities of the Platform will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Platform or any activity arising therefrom (including but not limited to the operation of, or sales from, your Online Store), or any content downloaded therefrom will meet your requirements, whether business needs or otherwise.

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Platform, or any other websites to which we link, and all operations on or through the Platform are warranted only to the minimum amount legally required.

12. Limitation of Liability

In no case will Glitching or its Representatives be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Platform, or (ii) the interruption, suspension or termination of any part of or all the Platform; and in both cases (i) and (ii) regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Platform exceed the amount of $100 or the Subscription Fees paid in the previous 12 months, whichever is greater.

You expressly understand and agree that Glitching or its Representatives shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Platform, the information on the Platform, your use of the Platform, activities arising from your use of the Platform (including but not limited to the operation of, or sales from, your Online Store), any third party materials on the Platform, or any materials downloaded from the Platform. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Glitching or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you, or the amount may be limited by law.

13. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Glitching or its Representatives, you agree to indemnify, defend and hold harmless Glitching and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), from any third-party claims or demands, arising out of: (i) your use of or connection to the Platform, the information thereon or the information downloaded therefrom; (ii) your participation in any activities arising from the Platform (including but not limited to the operation of, or sales from, your Online Store) or the information thereon or downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

14. Governing Law and Applicable Jurisdiction

These TOU and your use of the Platform shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Glitching shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada.

Notwithstanding the foregoing, Glitching shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

15. Miscellaneous Provisions

• The TOU, in conjunction with the Privacy Policy, constitutes the entire agreement between you and Glitching with respect to your use of the Platform, superseding any prior agreements between you and Glitching.
• Glitching shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Glitching’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
• If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and Glitching nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
• The failure of Glitching to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Glitching.
• The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
• The parties acknowledge and agree that if you are a Quebec resident: (a) you were first presented the French version of the TOU; (b) after being presented the French version of the TOU you have voluntarily chosen to be bound by the English version of the TOU; and (c) in those circumstances, Glitching also agrees to be bound by the English version of the TOU. If you are not in Quebec, you agree to be bound by the English version of the TOU. Les parties reconnaissent et conviennent que si vous résidez au Québec : (a) la version française des Conditions de service vous a d'abord été présentée ; (b) après avoir reçu la version française des Conditions de service, vous avez volontairement choisi d'être lié par la version anglaise des Conditions de service ; et (c) dans ces circonstances, Glitching accepte également d'être liée par la version anglaise des Conditions de service. Si vous n'êtes pas au Québec, vous acceptez d'être lié par la version anglaise des Conditions de service.

© SSTL Technologie Inc. 2025