1. Introduction and Acceptance of Terms
Welcome to Abundunt (formerly “Clink Clank”) and www.abundunt.com, collectively referred to as the “Services”, which are owned and operated by Nexatrix Inc. (“Company”, “we”, “us”, or “our”). The Services include an interactive app designed to help you engage in savings challenges, alongside other associated functionalities as described in these Terms and Conditions (the “Terms”).
By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you are prohibited from using or accessing the Services. The Terms constitute a legally binding agreement between you and the Company.
2. Modification of Terms
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. When changes are made, we will make a new copy of the Terms available within the Services. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new users of our Services and will become effective for existing users upon the earlier of thirty (30) days after the posting of the revised Terms or your affirmative acceptance of the revised Terms. Your continued use of the Services after the posting of any changes to the Terms constitutes your acceptance of those changes.
3. Eligibility and User Registration
Age Requirement: To directly access and use the Services, you must be at least 18 years of age and possess the legal capacity to enter into these Terms.
Minors: If you are under 18, you may use the Services only with the involvement and express consent of a parent or legal guardian. Your parent or guardian must review and agree to these Terms on your behalf.
Account Creation: You agree to provide accurate and complete information when creating an account and to maintain the accuracy of this information. You shall safeguard your account credentials and are fully responsible for activities occurring under your account, including those initiated by a minor with your consent.
4. Description of Services
Abundunt Mobile Application: A mobile application enabling users to engage in various savings challenges, track progress, and compete in group challenges. The app may include a leaderboard feature and offers both free and premium features.
Additional Offerings: We may, from time to time, offer additional services, products, or features related to our core savings challenges concept. These may be made available through our website, mobile application, or other authorized channels.
Together, these products aim to promote savings habits and financial literacy among users.
5. User Obligations and Conduct
As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any user content, that:
Infringes any patent, trademark, trade secret, copyright, moral rights or other intellectual property rights or rights of publicity or privacy of any party;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
Constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
6. Intellectual Property Rights
All intellectual property rights in and to the Services, including but not limited to design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the site or within the Services are owned by the Company or its licensors. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as generally and ordinarily permitted through the Services according to these Terms.
Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. User-Generated Content
You may post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content") on the Services. You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.
By posting Content to the Services, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the operation of the Services and the Company's business. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, intellectual property rights or any other rights of any person or entity.
Additionally, the license you grant includes the right to use your Content for promotional purposes. While not always required, we may provide attribution when using your Content in marketing materials.
8. Privacy and Data Protection
The Company is committed to protecting the privacy of our users. The collection, use, and sharing of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you agree to the collection and use of your personal information in accordance with our Privacy Policy, which includes provisions for data processing as required by applicable law, including but not limited to the General Data Protection Regulation (GDPR) for users based in the European Union.
9. Cookies Policy
The Services use cookies and similar technologies to enhance user experience, analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. By using the Services, you consent to the use of cookies in accordance with our Cookies Policy. You may control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Services.
10. Third-Party Services and Content
The Services may contain links to third-party websites or resources. Such links do not imply any endorsement by the Company of those external websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
11. In-App Purchases
The app Abundunt may include in-app purchases that can be acquired through the respective app stores (Apple App Store or Google Play Store). Such transactions are processed by the app stores and are subject to the terms and conditions of the respective service provider. The Company is not responsible for any issues related to the payment, download, or use of in-app purchases.
12. Payment Processing and Security
The Company utilizes third-party services for payment processing. We do not store or collect your payment card details; that information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover.
13. Promotions and Competitions
From time to time, the Company may conduct promotions, contests, sweepstakes, or other activities ("Promotional Activities") designed to promote user engagement with the Services. Participation in these Promotional Activities is voluntary and typically subject to specific terms, conditions, and rules that will be available with the Promotional Activities. By participating in any Promotional Activities, you agree to be bound by those specific promotional terms and conditions.
14. Refund and Return Policy
Due to the digital nature of the premium features within "Abundunt," all sales for in-app purchases are final and non-refundable, except as required by law or as otherwise stated in the terms of the respective app stores.
15. User Accounts and Security
Users are responsible for maintaining the confidentiality of their account information, including their password, and for all activity that occurs under their account. You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of the Services due to someone else using your username, password, or account.
16. Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to, use of, or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not the Company has been informed of the possibility of such damage.
17. Disclaimer of Warranties
The Services provided by Nexatrix Inc., its affiliates, and licensors are provided "as is" and "as available" without any warranties of any kind, whether express or implied. Nexatrix Inc., its affiliates, and licensors do not warrant that:
a) the Service will function uninterrupted, secure, or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
No advice or information, whether oral or written, obtained by you from Nexatrix Inc. or through the Services will create any warranty not expressly stated herein.
18. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (a) any Content or other material you provide to the Services; (b) your use of any Content; or (c) your breach of these Terms. The Company shall provide notice to you promptly of any such claim, suit, or proceeding.
19. Termination and Account Cancellation
The Company reserves the right, at its sole discretion, to terminate your access to all or a portion of the Services, at any time, without notice, for any reason whatsoever, including, but not limited to, a breach of these Terms. Upon termination, all rights granted to you under these Terms will immediately cease. The Company is not liable to you or any third party for termination of your access to the Services.
20. Governing Law and Jurisdiction
These Terms and your use of the Services will be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and the Company that may arise out of, relate to, or be in any way connected with our Services or these Terms shall be resolved exclusively in a federal or provincial court located in Ontario, Canada.
21. Dispute Resolution
In the event of any dispute arising out of or related to these Terms or the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve the dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
22. Notifications and Communication Preferences
You agree that the Company may provide you with notifications about your account or your transactions with the Services by email, regular mail, or postings on our website. For your convenience, you may also receive other communications from us, such as newsletters, special offers, and promotional announcements via email. If you wish to modify your communication preferences, you may do so at any time through your account settings.
23. Accessibility
The Company is dedicated to ensuring accessibility of its Services to all users, including those with disabilities. If you have any issues accessing any part of our Services, please contact us and we will make all reasonable efforts to address your concerns.
24. Feedback and Suggestions
We welcome your feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us or through the contact information provided on the Services. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of the Company and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback.
25. Miscellaneous Provisions
These Terms constitute the entire agreement between you and the Company and govern your use of the Services, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms). The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.