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These Terms of Service govern your use of the website https://produce8.com (the “Site”) and any related services provided by Produce8 Inc (“Produce8”, “we”, “us” or “our”).
By accessing the Site, you agree to and accept these Terms of Service as a legally binding agreement between you and Produce8. If you are agreeing to and accepting these Terms of Service on behalf of a company or other legal entity, you are doing so as their authorized representative. If you are agreeing to and accepting these Terms of Service as an authorized user on the account of another person, company or legal entity, you are doing so as on your own behalf. If you do not wish to agree to and accept these Terms of Service as a legally binding agreement between you and Produce8 or if you do not have the authority of the company or other legal entity you are purporting to represent, then you must leave the Site immediately. If you are under the age of 19, you are prohibited from accessing the Site and you must leave the Site immediately. “You” and “your” refer to you and, if applicable, the company or other legal entity you are representing.
If you have created an account, whether on your own behalf or on behalf of a company or other legal entity, and you have provided access to the Site to another person as an authorized user of that account, you are responsible for, and jointly and severally liable with the authorized user for, the use of the Site and the Services (as defined hereinafter) by such authorized user.
These Terms of Service, the Acceptable Use Policy, the Privacy Policy, the Data Processing Addendum and the Cookie Policy contain important information about your rights and obligations in using the Site and the Materials and accessing the Software and the rights, obligations, and limitations of Produce8 in providing the Services. (Materials and Software are defined below. Site, Materials and Software collectively are the “Services”.) The provisions of the Acceptable Use Policy, the Privacy Policy, the Data Processing Addendum and the Cookie Policy (collectively, the “Policies”) are incorporated into these Terms of Service and form part of the legally binding agreement between you and Produce8.
We reserve the right to review and amend any of these Terms of Service and any of the Policies in our sole discretion. Any amendment of these Terms of Service will take effect immediately upon the date of publication.
These Terms of Service were last amended and published on November 26, 2024.
By using the Site, you warrant on behalf of yourself and, if applicable, the company or other legal entity you are representing, and, if applicable, any person to whom you have provided access to the Site as an authorized user, that you will not:
You are responsible for any breach of the provisions of these Terms of Service by any user whom you have authorized to use the Services.
The intellectual property in the Services is owned by or licensed to Produce8 and is protected by copyright, trade-secret, trademark, or other applicable law. Produce8 grants permission to you and your authorized users to access and use the Services for personal or internal business use.
This permission constitutes the grant of a license which cannot be sub-licensed by you or your authorized users. This license is not a transfer of any right, title, or interest in any intellectual or other property. This license shall automatically terminate if you violate any of the above limitations of use or any other provision of these Terms of Service, and this license otherwise may be terminated by Produce8 at any time.
“Data” means the raw data you upload or submit to the Software and the processed result of the raw data generated by you using the Software. You hereby grant Produce8 an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide, sublicensable license to use, access, transmit, host, store, and display the Data solely for the purpose of providing and improving the Software. Produce8 (or its sublicensees) may exercise such license for purposes of providing, maintaining, repairing, administering, and improving the Software or in developing new products or services, including rights to extract, compile, aggregate, synthesize, use, and otherwise analyze all or any portion of the Data. You represent, warrant, and agree that the Data and other materials you provide or make available to Produce8 will include only information relevant to the Software and the use thereof and will not include any personally identifiable information or any protected health data. You acknowledge and agree that you are solely responsible for all Data you upload or submit using the Software and for your conduct while using the Software. You acknowledge and agree that: (a) you will evaluate and bear all risks associated with the use of any Data; (b) you are responsible for protecting and backing up the Data; (c) you are responsible for protecting the confidentiality of any Data; and (d) under no circumstances will Produce8 be liable in any way for any Data, including, but not limited to, any errors or omissions in any Data, or any loss or damages or any kind incurred as a result of the use, deletion, modification, or correction of any Data. Produce8 has no responsibility to store, protect, remove, or delete any Data for you, except as may be expressly set out in the Terms of Service and the Policies, and shall have no liability for the deletion of or failure to store any Data. The policies and procedures of Produce8 relating to personally identifiable information and anonymized and de-identified data are set out in the Privacy Policy and the Data Processing Addendum.
Produce8 strives to ensure that the system controls designed and implemented within the Services (the “System Controls”) provide reasonable assurance that service commitments and system requirements were achieved based on the trust services criteria relevant to Security (“Service Commitments and System Requirements”) set forth in TSP Section 100, 2017 Trust Services Criteria for Security, Availability, Processing Integrity, Confidentiality, and Privacy as updated in 2022 (“TSP 100”), issued by the American Institute of Certified Public Accountants. (Security as used herein is defined in TSP 100.) Produce8 engages a certified independent service auditor to review the System Controls in accordance with current auditing standards and to provide a report and opinion that the System Controls were suitably designed to meet the Service Commitments and System Requirements (“SOC2 Report”). The most recent SOC2 Report confirming compliance of the Produce8 System Controls with TSP 100 is available here [https://www.produce8.com/trust].
As set out in the SOC2 Report, the proper functioning of the System Controls require that you and your authorized users have in place and effectively operate the following controls, which are hereby incorporated into these Terms of Service. Accordingly, you and your authorized users are responsible as a condition of using the Services for:
THE SERVICES ARE PROVIDED BY Produce8 ON AN 'AS IS' BASIS. TO THE EXTENT PERMITTED BY LAW, Produce8 MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ANY OTHER RIGHTS.
IN NO EVENT SHALL Produce8 OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM YOUR OR THEIR USE OR INABILITY TO USE THE SERVICES, EVEN IF Produce8 OR AN AUTHORIZED REPRESENTATIVE OF Produce8 HAS BEEN NOTIFIED, ORALLY OR IN WRITING, OF THE POSSIBILITY OF SAME.
“CONSEQUENTIAL DAMAGES” MEANS ANY INDIRECT OR CONSEQUENTIAL DAMAGES, REAL OR ANTICIPATED LOSS OF PROFIT, LOSS OF BENEFIT, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF OPPORTUNITY, LOSS OF SAVINGS, LOSS OF REPUTATION, LOSS OF USE, LOSS OR CORRUPTION OF DATA OR AGGRAVATED OR PUNITIVE DAMAGES, WHETHER ARISING UNDER STATUTE, CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE.
DESPITE THE GOVERNING LAW OF THESE TERMS OF SERVICE, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU IN FULL OR IN PART IF BY OPERATION OF THE LAW OF ANOTHER JURISDICTION, IF SUCH LAW APPLIES TO SOME ASPECT OF YOUR USE OF THE SERVICES.
The Materials are not comprehensive and are for general information purposes only. Produce8 does not warrant or make any representations concerning the accuracy, likely results, or reliability of access to and use of the Services or the use of any website linked to the Site.
Produce8 is not responsible for the content of any website linked to the Site or for the consequences of the use by you or any third party of the linked website. The linking of any website to the Site does not constitute and shall not imply endorsement, approval, or control by Produce8 of the linked website. Use of any such linked website is at your own risk, and we strongly advise you to make prudent and diligent investigation of any linked website.
Use of the Services requires payment and/or incur ongoing charges with a minimum subscription term set forth in your account.
Produce8 has a referral program to enable account holders to earn credits or payments by referring their customers or other clients to become Produce8 users and create new Produce8 accounts. Account owners can generate a referral code which they then can share with a sign-up link. When the new Produce8 account is created, the referral code is logged and the referring account owner is credited with a referral. The referral code also can be added to the referred account at a later date.
Referring account owners can receive a credit of 20% of monthly recurring revenue from referred accounts. Aggregate monthly credits of less than $500 are paid by discounts toward future subscription fees for the referring account and are not transferable although they can be accumulated. The right to receive future referral credits and any accumulated credits expire upon termination or cancellation of the referring account. Aggregate credits of $500 and more are paid to the referring account holder by electronic funds transfer or other payment means utilized by Produce 8. Recipient is responsible for bank or other service charges relating to payment or receipt of payments. The amount of the credit includes goods and services and sales taxes and all other applicable taxes in respect to the referral, including the service of the referral itself and the issuance of fee credits and payments. The referring account holder is responsible for any taxes payable in respect to their receipt of the fee credits and payments. Credits and payments will be made on a ninety (90) day basis and will commence ninety (90) days after the referral account has been upgraded to a paid account.
Full details of the referral program are set out on the Referral Program page on the Site. Produce8 reserves for itself the exclusive right in its discretion to determine application of the Referral Program in each case.
Produce8 has a Partner Program which allows account holders who are qualified managed service providers (“MSP”) or other consultants to subscribe to the Partner Program and purchase licenses (“Resale Licenses”) from Produce8 in set tier quantities to assign to their customers.
Account holders who have subscribed to the Partner Program and have purchased Resale Licenses to assign to their customers or other clients are “Partners’ and are subject to this Partner Program section and to the Partner Program Details included in the subscription terms. Customers of Partners to whom Resale Licenses have been assigned are “Assignee Users” and are subject to these Terms of Service, as modified by this Partner Program section.
All matters related to payment of Resale Licenses assigned by Partners to Assignee Users and the duration of such Resale Licenses shall be dealt with directly between the respective Partner and its Assignee Users. If permitted by the Partner, the Assignee Users may from time-to-time designate use of its Resale Licenses to such of its employees and agents in its discretion for use in the business of the Assignee Users; provided, however, that Resale Licenses may not be assigned by Assignee Users.
Technical support to Assignee Users shall be provided by the Partner unless the Partner specifically requests assistance from Produce8. Partners shall be responsible for disseminating to their Assignee Users all relevant communications from Produce8 regarding the Services. Assignee Users agree that their Partner shall have administrator privilege access to such Assignee User’s respective Resale Licenses.
Produce8 reserves the right to convert Resale Licenses to direct accounts if the Partner ceases or is unable to adequately service the Resale Licenses, and in such cases the respective Assignee Users must agree to become Produce8 account holders to continue their use of the Services.
In the event the number of Assignee Users of a Partner exceeds the subscribed number of Resale Licenses of such Partner at any time, the Partner shall be charged for additional Resale Licenses for the additional Assignee Users. A stipulated number of licenses held by Partners will be deemed as not for resale (“NFR Licenses”). NFR Licenses may not be assigned to Assignee Users and are to be used by Partners for their own internal business purposes only.
Produce8 may suspend or terminate your right to use the Services immediately upon written notice to you in the event of any breach by you or your authorized users of any of the provisions of these Terms of Service.
Any provision of these Terms of Service which is wholly or partially void or unenforceable shall be severed from these Terms of Service but severed only to the extent that such provision is void or unenforceable, and the validity and enforceability of the remainder of such provision and of all other provisions of these Terms of Service shall not be affected.
These Terms of Service are governed by and shall be construed in accordance with the laws of the Province of British Columbia, Canada, and you agree to irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia situated in Vancouver, British Columbia regarding the interpretation of these Terms of Service and any related dispute with Produce8.
Produce8's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy , including the Limited Use requirements.
Cookie Policy / Privacy Policy / Acceptable Use Policy / Data Processing Addendum