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Last updated: May 2026
THESE TERMS OF SERVICE (“TERMS OF SERVICE”) ARE THE TERMS AND CONDITIONS ON WHICH YOU, AN END CUSTOMER, AND INDIVIDUAL END USERS, MAKE USE OF THE IDMELON SOFTWARE-AS-A-SERVICE OFFERINGS (EACH A “SERVICE”). FOR CLARITY, THESE TERMS OF SERVICE DO NOT GOVERN THE SALE OR USE OF PROFESSIONAL SERVICES.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU ACCESS THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE AND YOU REPRESENT AND WARRANT YOUR FULL AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF THE END CUSTOMER. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICE. FOR CLARITY, UNLESS OTHERWISE AGREED IN WRITING BY IDMELON, END CUSTOMER SHALL NOT RESELL OR BUNDLE ANY IDMELON OFFERINGS IN ANY COMMERCIAL OFFERING OR SERVICE PROVIDED BY END CUSTOMER.
IF YOU ARE A CHANNEL PARTNER OR OTHER THIRD-PARTY SERVICE PROVIDER ACTING AS AN ACCOUNT ADMINISTRATOR OR OTHERWISE SETTING UP THE END CUSTOMER ACCOUNT OR PROVISIONING THE SERVICE DIRECTLY TO END CUSTOMER, YOU AGREE TO BIND END CUSTOMER TO TERMS SUBSTANTIALLY SIMILAR TO THOSE SET FORTH HEREIN.
“Affiliate” or “Affiliates” means entities which are controlled by a party, which controls a party or which is under common control with a party, where "control" means the direct or indirect ownership of at least fifty percent (50%) of the shares or interests entitled to vote for the directors thereof or the equivalent, so long as such control exists.
“API” or “APIs” means application programming interfaces provided by IDmelon as part of the Service.
“Channel Partner” means an entity that IDmelon has authorized as a “reseller” of the Service.
“Customer Application” means an application developed or used by End Customer that utilizes APIs and/or the Service. “Customer Application” does not include the Service and is separately provided by either End Customer or a third-party integrator that sells compatible software-as-a-service and/or on-premise offerings.
“Customer Materials” means End Customer’s information, Customer Application, End Customer Data, Personal Data, including Personal Data from end users, software, document and any other materials used or submitted by End Customer or its end users in connection with the Service.
“Data Processing Terms” means the terms provided by IDmelon or accessible via the link located at the bottom of IDmelon's website at: https://idmelon.com/. If IDMelon processes any Personal Data as a result of providing the Service, IDMelon shall do so in accordance with the applicable Data Processing Terms. The Data Processing Terms may be modified by IDMelon from time to time in accordance with its terms.
“Documentation” means the guides and manuals for use with the Service, which are customarily supplied by IDMelon to its customers.
“Intellectual Property Rights” means worldwide common law and statutory rights associated with (a) patents and patent applications; (b) works of authorship, including mask work rights, copyrights, copyright applications, copyright registrations and “moral” rights; (c) the protection of trade and industrial secrets and confidential information; (d) all rights to registered and common law trademarks, trade names, trade dress, and service marks; (e) other proprietary rights relating to intangible intellectual property (including but not limited to designs, design rights, source codes, proprietary material, know-how, ideas, concepts, methods, techniques, rights in databases and all other intellectual property rights and rights of a similar character whether registered or capable of registration); (f) analogous rights to those set forth above; and (g) divisions, continuations, renewals, reissuances and extensions of the foregoing (as applicable) now existing or hereafter filed, issued or acquired.
“Personal Data” has the meaning set forth in the Data Processing Terms.
“You,” “Your” or “End Customer” means the company, person or organization (and their authorized end users) that has been granted access to the Service.
“IDmelon” means IDmelonTechnologies Inc.
“Service” means a software-as-a-service offering provided by IDMelon in either a dedicated or multi-tenant platform.
2.1 You are hereby granted access to use the Service solely for internal operations and in accordance with these Terms of Service. Provided, however, your access to the Service is limited to the subscription term and other details set forth in the order submitted to and accepted by IDmelon. For certain Services, orders may be placed directly by End Customer through the Service. If End Customer has purchased the Service through a Channel Partner, any End Customer order(s) submitted through the Service, including the relevant subscription term and other details, must be approved and validated by the Channel Partner prior to End Customer’s account activation.
2.2 IDmelon or IDmelon’s suppliers may, at any time, without notice or liability, limit the availability of the Service in order to perform maintenance activities or technical support.
2.3 If applicable, IDmelon grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access APIs only as necessary to use the Service, solely for End Customer’s internal business use. Notwithstanding, your right to use APIs is limited to activity permitted under these Terms of Service. Notwithstanding, API access and use by End Customer or third-party integrators for the purpose of developing Customer Applications may be subject to additional requirements, including but not limited to, separate approval by IDmelon. Notwithstanding, in the event the Service will be used by End Customer as part of a larger solution including third party products and/or services, End Customer shall have the limited right to sublicense its rights with respect to APIs to such third party, solely for the purpose of creating interconnectivity and/or interoperability with the Service. End Customer is responsible for such third party’s compliance with these Terms of Service.
2.4 You shall access and use the Service in accordance with the Documentation. IDmelon grants to End Customer a limited, non-exclusive, non-transferable, non-sublicenseable (except to authorized end users) right to use the Documentation provided by IDmelon for use with the Service (solely for internal use), provided that all titles, trademarks, trade names, copyright, restricted rights and other proprietary notices are retained. Documentation may be made accessible to End Customers through digital means, including a knowledge hub.
2.5 If applicable, End Customer is solely responsible for the development, implementation, operation, support, maintenance and security of any Customer Application.
3.1 You shall not and shall not permit any end users or third party to access, store, distribute or transmit any spam, viruses, worms, Trojan horses, corrupted files, or other items of a destructive or disruptive nature. You shall not, and shall not permit end users or any third party to access, store, distribute or transmit any data or any material during the course of use of the Service that is unlawful, illegal, harmful, threatening, defamatory, obscene, abusive or infringing of any rights or in any way not in compliance with applicable laws. IDmelon may immediately, without liability to you, suspend or otherwise disable the Service to the extent necessary to disable access to any data or material that breaches the provisions of this Section.
3.2 You shall not, and shall not permit end users or any third party to: (a) modify or create any derivative work of the Service, APIs, or Documentation, or any portion thereof; (b) decompile, reverse engineer or otherwise attempt to derive the underlying ideas, algorithms, structure or organization from the Service or APIs; (c) sell, license, sublicense, lease, rent, or otherwise transfer rights to the Service or APIs to any third party; (d) create Internet "links" to the Service or "frame" or "mirror" any part of the Service, including any content contained in the Service, on any other server or device; (e) engage in, promote, or encourage illegal activity; (f) disable, interfere with or circumvent any aspect of the Service or APIs; or (g) disclose or publish the results of any performance, functional, security evaluation or pen testing, or other evaluation or benchmarking of the Service to any third party without written consent from IDmelon.
3.3 Unless otherwise agreed, you shall not, and shall not permit any end user or third party to incorporate other services, software or products with Service.
3.4 You shall maintain the confidentiality and security of all credentials applicable to the Service, including but not limited to, passwords, usernames, authentication devices, PIN codes and other identification. You shall use all reasonable efforts to prevent any unauthorized access to, or use of, the Service and, in the event of any such unauthorized access or use, you will promptly notify IDmelon in writing.
3.5 The Service, any accompanying software and/or hardware, and other technology IDmelon makes available (“IDmelon Offerings”) may be subject to export laws and regulations of the United States and other jurisdictions. You agree to comply with all applicable export laws and regulations. You shall not permit end users to access or use any IDmelon Offerings or Customer Materials in an embargoed country that would prohibit such access or in violation of any export law or regulation. Proscribed countries are subject to change without notice, and you must comply with the list as it exists in fact. You certify that neither End Customer nor any end users are on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List or any such comparable lists by the government of the United Kingdom.
3.6 Each party shall comply with all applicable laws, ordinances, rules and regulations, and shall obtain any and all permits, licenses, authorization, and/or certificates that may be required in any jurisdiction or any regulatory or administrative agency in connection with the sale, use and/or operations of IDmelon Offerings. Without limiting the generality of the foregoing, you shall comply with all laws and regulations on data privacy, international communications, and the exportation of technical or Personal Data.
3.7 End Customer agrees to defend, indemnify and hold harmless IDmelon from and against all liabilities, fines, penalties, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) breach of Section 3; or (b) alterations or modifications to the Service, or any software made available pursuant to Section 5, not made by IDmelon; or (ii) combination or use of the Service, or any software made available pursuant to Section 5, with products, services, or materials not provided by IDmelon.
4.1 You grant IDmelon the right to host, use, process, display and transmit Customer Materials to provide the Services pursuant to and in accordance with these Terms of Service.
4.2 End Customer hereby warrants that it (a) owns or has otherwise obtained all rights and permissions related to any Customer Materials; and (b) Customer Materials do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. Additionally, if required, End Customer warrants that it will provide all appropriate notices to data subjects and has obtained all appropriate consents to transfer Personal Data to IDmelon, or to allow IDmelon to lawfully collect Personal Data directly from an application end user, and allow its processing as necessary to provide the Service in accordance with the Data Processing Terms. If required, End Customer warrants that it will provide all appropriate notices to data subjects and has obtained all appropriate consents for IDmelon to transfer data in accordance with the applicable Data Processing Terms. End Customer agrees to defend, indemnify and hold harmless IDmelon from and against all liabilities, fines, penalties, costs and expenses, including reasonable attorney’s fees, related to or arising from breach of this Section.
4.3 End Customer has sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Customer Materials. Customer acknowledges and agrees that IDmelon does not exercise any control over any of Customer Materials that End Customer or its end users use in connection with the Service. Furthermore, except as otherwise agreed, you acknowledge and agree that IDmelon will have no liability or responsibility for any Customer Materials, including, but not limited to, liability for any data loss.
Software made available for download with, from, or through the Service, if any, is licensed subject to the terms of the applicable End User License Agreement (“EULA”) accessible via a link at the bottom of the page at: https://idmelon.com/ or provided at the time of download or a separate license agreement by and between the Parties. You shall maintain any third-party software copyright notices and comply with any license terms embedded on third party software received in connection with Service.
IDmelon reserves the right to update, upgrade, modify, change, improve, and/or redesign any product or service at any time (“Product Changes”). IDmelon will not make any Product Changes that materially impact the functionality of the Service during the then-current subscription term. IDmelon further reserves the right to discontinue any product or service upon advance notice to End Customer. Any and all subsequent updates, upgrades, revisions and changes to the Service or any software component thereof shall be governed by these Terms of Service, as may be amended by IDmelon from time to time. You will promptly install all updates to any software made available pursuant to Section 5, as IDmelon makes them available, and if you provide access to the Service on behalf of other end users, you shall require them to install all such updates also.
Service Level Agreements, if any, are separately communicated to you by IDmelon or Channel Partner, as applicable. Any applicable Service Level Agreements shall not apply to Trial Services, as defined herein. IDmelon’s current Service Level Agreement is located at: https://idmelon.com/service-level-agreement.
Support included with the Service or purchased separately will be provided in accordance with the applicable support terms as communicated to you by IDmelon or Channel Partner, as applicable.
You acknowledge and agree that IDmelon and/or its licensors own all Intellectual Property Rights in the Service. Except as expressly stated herein, you are not granted any Intellectual Property Rights or any other rights or licenses with respect to the Service, APIs and Documentation.
Services are provided with "Restricted Rights." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable (and the successor clauses to any of the foregoing). The contractor/manufacturer is IDmelon Technologies Inc. Subject to any applicable regulations set out in the FAR or DFARS (and any superseding regulations), Services are provided with the commercial license rights and restrictions described elsewhere in these Terms of Service. For Department of Defense agencies, the restrictions set forth in the "Technical Data - Commercial items" clause at DFARS 252.227-7015 (Nov 1995) shall also apply.
10.1 EXCEPT AS OTHERWISE AGREED, THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS. IDMELON GIVES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IDMELON MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR PRODUCTS PURCHASED OR ACCESSIBLE BY END CUSTOMER. IDMELON MAKES NO WARRANTY THAT THE SERVICES AND PRODUCTS WILL MEET END CUSTOMER REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IDMELON MAKES NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. IDMELON MAKES NO REPRESENTATION THAT ANY DEFECTS, ITS SERVICES OR PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A CHANNEL PARTNER, IDMELON, OR AN IDMELON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
10.2 EXCEPT AS OTHERWISE AGREED, IDMELON WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS, DELAYS, FAILURES OR NON-AVAILABILITY AFFECTING THE SERVICE OR THE PERFORMANCE OF ANY PRODUCTS OR SERVICES WHICH ARE CAUSED BY YOU OR ANY THIRD PARTIES, OR ANY ERRORS OR BUGS IN SOFTWARE, HARDWARE, OR THE INTERNET.
10.3 Except as otherwise agreed, IDmelon shall not be liable to you whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, for any loss or damage (whether direct, indirect, consequential, etc. including without limitation, loss profits, data loss, business interruption, or any other economic or reputational loss ) arising in connection with your use or failure to use the Service. Notwithstanding, nothing in these Terms of Service excludes IDmelon’s liability for: (a) death or personal injury caused by IDmelon’s negligence; or (b) fraud or fraudulent misrepresentation.
10.4 If End Customer purchases the Services from a Channel Partner, End Customer acknowledges that IDmelon is not a party to and is not bound by any of the terms and conditions or representations or warranties set forth in any agreement between End Customer and such Channel Partner.
You may from time to time provide suggestions, comments or other feedback to IDmelon with respect to any product, material, software or information provided by IDmelon (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for IDmelon. However, IDmelon shall not disclose the source of any feedback without the providing party’s consent. IDmelon shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind.
12.1 Should your account be terminated or if you cease use of the Service, you must immediately contact IDmelon or Channel Partner to disable your access. Any amounts prepaid for the Service are non-refundable.
12.2 IDmelon may terminate your access to the Service with immediate effect and disable your access if: (a) you or any of your end users breach these Terms of Service; or (b) you or any of your end users infringe IDmelon’s or any of its licensor’s Intellectual Property Rights or make any unauthorized use of the Service.
12.3 IDmelon may temporarily suspend your access to the Service (to be restored as soon as commercially practicable) if IDmelon reasonably believes it necessary to maintain the security, quality or integrity of the Service or to prevent misuse.
12.4 IDmelon may suspend or terminate access to all or any part of the Service if: (a) IDmelon determines in its reasonable discretion the Service does or may infringe on a third party’s Intellectual Property Rights; or (b) any third party suppliers, service providers or licensors that assist IDmelon in providing the Service cease providing services to IDmelon for any reason or for no reason.
12.5 If you purchase the Service through a Channel Partner, IDmelon may suspend or terminate your access to the Service upon request by Channel Partner or due to non-payment or insolvency by Channel Partner.
12.6 Upon written request by End Customer, made within 30 days after the effective date of termination of the Service, IDmelon will make Customer Materials available to End Customer for export or download as provided in the Documentation. After such 30-day period, IDmelon will have no obligation to maintain or provide any Customer Materials. Thereafter, unless legally prohibited, IDmelon will delete or destroy all copies of Customer Materials in IDmelon systems or otherwise in IDmelon’s possession or control, as provided in the Documentation and/or the Data Processing Terms, as applicable. For clarity, this Section does not apply to Trial Services.
Neither party shall be liable for failure to fulfill its obligations under these Terms of Service or for delays in delivery due to causes beyond its reasonable control, including but not limited to act of God, acts or omissions of the other party, man-made or natural disasters, material shortages, strikes, service outages failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections and power failures. The time for performance of any such obligation shall be extended for the time period lost by reason of the delay.For general inquiries, you may contact us at info@idmelon.com. For legal notices or service of process, you may write us at this address: IDmelon Technologies Inc., 1281 Hornby St. #550, Vancouver, BC, Canada V6Z 0G8.
14.1 If you are accessing the Service on a trial basis, IDmelon or Channel Partner will make the Service available at no charge (“Trial Services”) for a period of up to 15 days (“Trial Services Period”), unless otherwise set forth in a Service-specific Attachment hereto or agreed in writing by IDmelon. Trial Services are intended for evaluation purposes only and not for production. These Terms of Service shall apply to your use of Trial Services, subject to any additional evaluation and/or proof of concept terms agreed between you and, IDmelon or Channel Partner, as applicable.
14.2 During or upon expiry of the Trial Services Period, End Customer may purchase a subscription to the Service through IDmelon or Channel Partner. Upon purchasing a subscription, these Terms of Service will continue to apply to your use of the Service.
14.3 If you do not purchase a subscription to the Service at the end of the Trial Services Period: (a) all rights to access or use the Service will end; and (b) IDmelon will delete all Customer Materials within 30 days of expiry of the Trial Services Period. For clarity, IDmelon has no obligation to retain Customer Materials following termination of the Trial Services Period.
14.4 IDmelon may discontinue Trial Services at any time in IDmelon’s sole discretion. IDmelon will have no liability for any harm or damage arising out of or in connection with a Trial Service. For Trial Services, service level commitments do not apply, and support is provided on an as-available basis and is not guaranteed. During any Trial Services Period, IDmelon will make commercially reasonable attempts to contact users in the event of service disruptions or planned maintenance. In IDmelon’s sole discretion, the Test Services may be subject to limitations, including, but not limited to, (i) number of services; (ii) number of users and groups; (iii) disk and service storage space limitations; and/or (iv) rate limits or throttling on calls to IDmelon APIs.
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
If any provision of these Terms of Service is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
IDmelon may amend these Terms of Service at any time. IDmelon will post a copy of the amended Terms of Service on the web page, platform or portal where the Service is accessed. Your continued use of the Service after amendment will be considered as your acceptance of the amended Terms of Service.
You may not assign or purport to assign these Terms of Service or any of its obligations thereunder without IDmelon’s prior written consent.
These Terms of Service do not confer any rights on any third party.
IDmelon may collect and use usage history and statistics based on your or your end users’ use of Service (collectively, “Enhancement Data”) for IDmelon’s internal analytical purposes related to its provision of the Service, including to improve and enhance the Service. IDmelon may make information derived from its analysis of Enhancement Data publicly available, provided that the publicized information does not include any Enhancement Data that has not been aggregated and anonymized. For the purposes of these Terms of Service, aggregated and anonymized Enhancement Data means Enhancement Data that (a) has been aggregated with other data, and (b) does not contain information that identifies you, End Customer, or any end users. For the sake of clarity, aggregated and anonymized data is not considered confidential information.
Subject to End Customer’s prior written approval (not to be unreasonably withheld or delayed), IDmelon may publicly disclose that you are a user of the Service, and you agree to participate in press announcements, case studies, trade shows, or other marketing reasonably requested by IDmelon. Upon such approval, during your use of the Service and for a period thereafter, you grant IDmelon the right, free of charge, to use your name and/or logo, worldwide, to identify you as a customer on IDmelon’s website and/or in other marketing or advertising materials. Any logo use shall be subject to IDmelon’s compliance with any written guidelines that you may deliver to IDmelon regarding the use of your name and logo.
IDmelon may contact you directly to communicate on matters related to the Service. IDmelon may access any Service instance as necessary to support the Service. Provided, however, unless otherwise set forth in a Service-specific attachment hereto, IDmelon’s support personnel will not access any Personal Data contained within the Service without End Customer’s approval.
IDmelon and End Customer acknowledge that each party may have access to certain of the other party’s confidential and proprietary information in connection with the performance of the Agreement (the “Confidential Information”). Each party will take all reasonable precautions necessary to safeguard the confidentiality of the other party’s Confidential Information, including those taken by such party to protect its own Confidential Information of a similar nature. Each party will use the other party’s Confidential Information solely to fulfill the purposes of the Agreement. Neither party will have any confidentiality obligation with respect to any portion of the other party’s information that (i) it independently develops without reference to the Confidential Information, (ii) it lawfully obtains from a third party under no obligation of confidentiality, or (iii) becomes available to the public other than as a result of its act or omission. Because of the unique nature of the Confidential Information, each party agrees that the disclosing party may suffer irreparable harm in the event the recipient fails to comply with its confidentiality obligations under the Agreement, and that monetary damages may be inadequate to compensate the disclosing party for such breach. Accordingly, the recipient agrees that the disclosing party will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief to enforce such confidentiality obligations.
Unless agreed otherwise in signed writing by IDmelon, these Terms of Service contain the whole agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter.
These Terms of Service shall be construed and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any action, suit or proceeding relating to these Terms of Service shall be brought exclusively in the courts of competent jurisdiction located in Vancouver, British Columbia, Canada, and you hereby irrevocably submit to the exclusive jurisdiction and venue of such courts. The provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service or any order issued hereunder.
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