Website Terms of Use

Last revised: December 16, 2024

PLEASE READ THE FOLLOWING CAREFULLY. YOUR USE OF THIS WEBSITE AND ANY SUB-DOMAINS OF THIS WEBSITE (COLLECTIVELY REFERRED TO AS THE “WEBSITE“) IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE (THE “AGREEMENT”) WITHOUT MODIFICATION. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU HAVE NOT READ THIS AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THIS AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ACCESS THE WEBSITE), THEN YOU ARE NOT PERMITTED TO USE THE WEBSITE.

YOU FORM AN AGREEMENT WITH US EACH TIME YOU ACCESS OR USE THE WEBSITE. TAKE NOTE THAT PURSUANT TO SECTION 1(C) BELOW, WE CAN MODIFY THE TERMS OF THIS AGREEMENT AT ANY TIME; THEREFORE, IT IS YOUR RESPONSIBILITY TO READ THIS AGREEMENT EACH TIME YOU ACCESS OR USE THE WEBSITE.

  1. General
    1. PartiesThis Agreement is between Gemini Software L.P. (“Company,” “us,” “our,” or “we”) and either (i) the User (as hereinafter defined), or (ii) if the User is acting as an authorized representative of a legal entity, then that legal entity (in either case, the “you” or “your”), and applies to your access to, and use of, the Website, so please read it carefully. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with the Company or its Affiliates for services, products or otherwise.
    2. Definitions
      1. “Affiliate” means any entity that now or hereafter (A) directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with Company, and (B), for Company, is under common management with a given party.
      2. “Personal Information” means any information that identifies or relates to an individual or can be used in conjunction with other information to identify an individual, whether such information is explicitly regulated by applicable law or otherwise.
      3. “Service Provider(s)” means third-party service providers, vendors, and contractors who provide services to us or on our behalf in support of the Website and our rights under this Agreement.
      4. “User” means anyone who accesses the Website.
    3. Changes to Agreement and Website by Company
      1. We reserve the right to change or modify this Agreement and the Website, at any time. If we decide to change the Agreement, we will post a new version on the Website and update the date. The changes will apply to all access to and use of the Website by you thereafter. Any changes or modifications will be effective immediately upon posting of the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. As previously stated, it is your responsibility to read this Agreement each time you access or use the Website. Notwithstanding the foregoing, any changes to the dispute resolution or law and venue provisions set out in Section 14 “Dispute Resolution” and Section 16(a) “Applicable Law and Venue,” respectively, shall not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
      2. YOUR USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES OR MODIFICATIONS TO THE AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED AGREEMENT. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST IMMEDIATELY STOP USING THE WEBSITE.
      3. The specific features and functionality of the Website are dynamic and may change from time to time. We reserve complete and sole discretion with respect to the operation of the Website. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Website at any time.
    4. Use of the Website by Minors.The Website is not intended or authorized for use by persons under the age of eighteen (18). If we believe that you are under the age of eighteen (18) or that you are not old enough to consent to and be legally bound by this Agreement, we may, at any time, in our sole discretion, and with or without notice: (i) terminate your access to or use of the Website (or any portion, aspect, or feature thereof), or (ii) delete any content or information that you have posted through the Website.

Contact Us

Legal Counsel

Gemini Software L.P.
Attn: General Counsel
8133 Warden Avenue, 7th Floor
Markham, Ontario L6G 1B3