Terms of Use(Effective May 8, 2023)
1. Introduction, Acceptance, Definitions, and Modifications
Welcome to Potion! We hope that you will enjoy and appreciate using our “Services”, which may be visiting or using the website at https://potion.so/ (the “Website”) in order to create, publish, host and maintain custom websites with your Notion content.
By visiting the Website or using the Services in any way, 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 Services. The TOU are a legal and binding agreement between you and us.
If you are using the Services and accepting or agreeing to these TOU on behalf of a company, 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 Website and Services are owned and operated by Supportman, LLC, a United States limited liability company. Where the present TOU refer to “Potion” they may refer to Supportman, LLC 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 Potion and / or its Representatives.
In these TOU, a Website visitor or Services user may be referred to as “you” or “your”. When a Website visitor has created an account in order to be able to use the Services, he or she may be referred to as a “User”. When a User is logged in to the Services, he or she may be referred to in these TOU as a “Logged-In User”.
Potion 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 Services 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 Supportman, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Website when you use the Services for the first time following those changes.
Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. These TOU govern your use of the Services.
2. Contacting Us
If you have any questions about the TOU, please contact:
Potion Legal Services
If you have any questions regarding the Services, please contact us using the chat function on the Website.
3. General Code of Conduct for Use of the Services
In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you agree to:
- Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted on the Website by Potion;
- Not use the Services in any manner that violates any intellectual property rights of Potion or any third party;
- Not use the Services 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 Services 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 Potion 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 Potion, other Users or any other third party;
- Not: (1) take any action that imposes or may impose (as determined by Potion in its sole discretion) an unreasonable or disproportionately large load on Potion’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures Potion may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Services; or (5) harvest or scrape any content from the Services 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 Services;
- Not use the Services to in any way collect information (whether personal information or not) of any third party;
- (viii)Not use the Services to advertise or promote products or services that are not expressly approved in advance in writing by Potion, or as permitted by these TOU;
- Not interfere with any third party’s use or enjoyment of the Services;
- 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 Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Accounts
a. Accounts and Passwords – General Information
In order to be able to use the Services, you will be required to create an account. Accounts are available to any individual who signs up for an account on the Website. Accounts may be approved or rejected by Potion, which shall be at our sole discretion.
The only information required to create an account is your name and email address. This information may be referred to in the present TOU as “Account Information”. By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
As part of the User account registration, 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. 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 or any other breach of security regarding your account. You will be able to change your password at any time.
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. Potion 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 Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
Potion 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 hereinbelow.
5. How to Use, Access and Pay for the Services
a. Generally
Once you create an account, you will be prompted to create your first website. Using the Services, you will be able to design and customize your website(s), subject to the limitations of the payment plan that you have selected.
b. Payment Plans
The “Pricing” page on our Website explains the different payment plans available to you for use of our Services, as well as the different features available under each plan. It is possible to use the Services for free indefinitely, subject to the limits of what is available with the free plan. You can upgrade your payment plan (and the nature of Services available to you) at any time.
c. New Features
At Potion’s sole discretion, new features may be released in connection with a specific payment plan. If you are already paying for access to a specific payment plan, you will automatically have access to such new features. If not and you would like access to the newly released features, you will have to upgrade your payment plan.
d. Technical Support
Technical support is made available by Potion to all Users on a commercially reasonable basis, which services may be available to Users via email at help@potion.so.
e. Payment
If you wish to select and pay for a specific payment plan, you will be prompted to make payment. Payment for the Services can only be done by credit card. To do so, you will be required to enter the credit card number, credit card expiry date, card security code (CVV), and billing address (if required by the nature of your credit card). This may be referred to in these TOU as “Credit Card Billing Information”. Your Credit Card Billing Information must match the information associated with your credit card for your payments to be processed.
All payments via credit card are made using a secure https:// connection, and payment processing is handled through the “Third-Party Payment Processor” Stripe, though this is subject to change without notice. The Third-Party Payment Processor currently accepts certain credit cards as payment options, but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and their own terms of use. Potion and the Third-Party Payment Processor are unaffiliated companies and Potion has no influence on the operations of the Third-Party Payment Processor. Potion 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 Credit Card Billing Information is collected by the Third-Party Payment Processor on its own secured servers. Potion 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 Processor. Non-financial information will, however, be available to Potion for record-keeping purposes.
f. Payment Terms
Regardless of the type of payment plan that you select, payment is due either monthly or annually (unless otherwise agreed to by Potion in writing). In selecting a payment plan, you authorize Potion, or Stripe on Potion’s behalf, to charge your credit card for the amount associated with your payment plan upon your selection of a plan and monthly or annually thereafter.
g. Pricing and Taxes
Prices displayed on the Website are firm and in U.S. dollars. Prices do not include applicable sales taxes, which shall be displayed during the checkout process, depending on your location.
h. Downgrading or Cancelling Your Payment Plan
You can downgrade or cancel your payment plan (and the nature of Services available to you) at any time by communicating with us. Services commensurate to your payment plan will continue to be available to you through the end of your current billing period.
6. Proprietary Rights
a. Intellectual Property Rights
You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Potion, its Representatives and/or third parties (via license) own all rights, title and interest in and to the Services and content that may be presented or accessed through the Services, including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Potion 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, resell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; (iii) “frame” or “mirror” the Services or the content of the Services on any other server or internet-enabled device; or (iv) remove, obscure, or alter Potion’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 Services.
The content, arrangement and layout of the Services, 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 Potion, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Potion, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Potion may take action accordingly.
The above paragraph further applies to third party property used as part of the Services, 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 Potion (via any means) suggestions for improvements to the Services or any idea or proposal related to Potion or its businesses or properties (collectively, “Feedback”), Potion shall own all rights, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all rights, title and interest in and to the Feedback to Potion and waive in favor of Potion, its successors and assigns all your moral rights in the Feedback; and agree to provide Potion such assistance as Potion may require to document, perfect, and maintain Potion’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Potion, you are not entitled to any compensation or reimbursement of any kind from Potion under any circumstances.
7. External Links
a. General External Links and Services From time to time, Potion may provide links to other websites or services. Links from the Services 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. Potion provides any such links as a convenience to you and Potion takes no responsibility for your use of those other websites or services or the 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 and / or privacy policy of any website or service you visit. Potion 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 Potion be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for 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) for the actions of the operators of any such website or service.
8. Interruption of Service
From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Potion and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
9. Termination of the TOU and Access to the Services
You agree that Potion, in its 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 Services (or any part thereof), immediately and without notice, if Potion believes that you have acted inconsistently with the letter or spirit of the TOU or have violated any other posted policy.
Potion may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that Potion and its Representatives 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 Services, or from Potion’s termination of the Services or any part thereof.
Termination of the Services or your access to the Services shall terminate the present TOU as between you and Potion. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
You expressly understand and agree that your use of the Services, the information thereon (whether provided by Potion or third parties) or any activity arising from your use of the Services (including any website(s) that you create using the Services) or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials 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 or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Services (including any website(s) that you create using the Services), the information thereon or any materials downloaded therefrom.
The information or resources provided through the Services, written or produced by Potion staff, freelance writers or other subcontractors hired by Potion 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 Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Potion and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not.
Potion 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 Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Potion, its affiliates and their respective Representatives, do not warrant that: (i) the Services 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 Potion or third parties) available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded will meet your requirements.
Some of the content displayed on the Services may include elements that belong to or are provided by third parties. You acknowledge that Potion assumes no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services and all operations on the Services are warranted only to the minimum amount legally required.
11. Limitation of Liability
In no case will Potion or its Representatives or licensees 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 Services, or (ii) the interruption, suspension or termination of any part of or all of the Services; 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 Services exceed the amount of fees that you have paid to us for 6 months’ worth of access to the Services.
You expressly understand and agree that Potion or its Representatives or licensees 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 Services, the information on the Services, your use of the Services, activities arising from your use of the Services (including any website(s) that you create using the Services), any third party materials on the Services or any materials downloaded from the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Potion 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.
12. Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by Potion or its Representatives, you agree to indemnify, defend and hold harmless Potion and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of the Services, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Services (including any website(s) that you create using the Services), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU; or (iv) your violation of any rights of a third party.
13. Governing Law and Applicable Jurisdiction
These TOU and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Potion shall be brought exclusively in the courts located in the judicial district of Montréal, Canada. Notwithstanding the foregoing, Potion shall have the right to bring action against you in any court 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 Montréal 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 Montréal court.
14. Miscellaneous Provisions
- These TOU constitute the entire agreement between you and Potion with respect to your use of the Services, superseding any prior agreements between you and Potion.
- Potion shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Potion’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
- (iii)Potion shall be permitted to assign these TOU and its rights and obligations hereunder, without your consent, to (i) any affiliate; or (ii) any third party in connection with a merger, an acquisition, a sale of all or substantially all of its assets or any other similar arrangement.
- If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you and Potion nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. T he other provisions of these TOU, as the case may be, shall remain in full force and effect.
- The failure of Potion 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 Potion.
- The section titles in these TOU are for convenience only and have no legal or contractual effect.