Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Avetti Commerce. These Terms of Service ("Terms", "TOS", or "Agreement") constitute a legally binding agreement between you ("Client", "Customer", "you", or "your") and Avetti.com Corporation, a corporation incorporated under the laws of Ontario, Canada ("Avetti", "we", "us", or "our").

By accessing our website at avetti.com, using our eCommerce marketplace platform and related services (collectively, the "Services"), or signing up for an account, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

1.1 Binding Agreement

The individual accepting these Terms represents and warrants that they have the legal authority to bind the Customer (whether an individual or business entity) to this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1.2 Additional Terms

These Terms incorporate by reference and include:

• Our Privacy Policy (available at /privacy-policy)
• Our Acceptable Use Policy (Section 6)
• Any Order Form, Statement of Work, or Service Agreement executed between the parties
• Product-specific terms and Service Level Agreements (where applicable)

In the event of any conflict between these Terms and a separately executed written agreement, the written agreement shall prevail.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending email notification to the primary account contact (for significant changes)
• Providing at least 30 days' advance notice for changes that materially reduce your rights

Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modifications, you must discontinue use of the Services and may terminate your account in accordance with Section 14.

2. Service Description

2.1 Platform Services

Avetti Commerce provides a Software-as-a-Service (SaaS) eCommerce marketplace platform that enables businesses to:

• Build, customize, and operate online marketplaces and stores
• Manage products, inventory, catalogs, and pricing
• Process transactions and payments through integrated payment gateways
• Manage orders, fulfillment, and shipping
• Utilize marketing, analytics, and business intelligence tools
• Integrate with third-party services and applications
• Provide multi-vendor marketplace functionality
• Access mobile-responsive and customizable storefronts

2.2 Service Availability

While we strive to maintain continuous service availability, we do not guarantee uninterrupted access to the Services. Scheduled maintenance, updates, and unforeseen technical issues may occasionally affect availability. We will provide advance notice of scheduled maintenance when reasonably possible.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, provided that material reductions in functionality will be communicated in accordance with Section 1.3.

3. Account Registration and Eligibility

3.1 Account Creation

To access certain features of the Services, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide truthful, accurate, and complete registration information
• Maintain and promptly update your account information
• Keep your account credentials confidential and secure
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.2 Age and Legal Capacity

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into this Agreement.

3.3 Business Use

Our Services are intended primarily for business use. If you are an individual using the Services for personal purposes, certain provisions of these Terms (such as those related to resale and commercial use) may not apply to you.

3.4 Account Security

You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Enable two-factor authentication when available
• Immediately notify us of any unauthorized use of your account
• Log out of your account at the end of each session when accessing from a shared device

We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.5 Account Suspension

We reserve the right to suspend or terminate your account if:

• You breach these Terms or any applicable policies
• Your account shows signs of fraudulent or malicious activity
• We reasonably suspect unauthorized use of your account
• You fail to pay fees when due
• Required by law or legal process

4. License Grant and Intellectual Property

4.1 License to Use Services

Subject to your compliance with these Terms and payment of applicable fees, Avetti grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the term of your subscription.

4.2 License Restrictions

You agree NOT to:

• Copy, modify, adapt, translate, or create derivative works of the Services
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services
• Rent, lease, sell, sublicense, distribute, or otherwise transfer the Services to any third party
• Use the Services to develop a competing product or service
• Remove, alter, or obscure any proprietary notices on the Services
• Access the Services to build a similar or competitive product
• Use the Services in any manner that exceeds the scope expressly permitted in these Terms
• Frame, mirror, or incorporate any portion of the Services into any other website or service
• Use automated systems (bots, scrapers, etc.) to access the Services without our written permission

4.3 Avetti Intellectual Property

All rights, title, and interest in and to the Services, including all software, technology, documentation, designs, trademarks, logos, and other intellectual property, are and will remain the exclusive property of Avetti and its licensors. These Terms do not grant you any intellectual property rights except as expressly stated in Section 4.1.

4.4 Customer Data and Content

4.4.1 Customer Data Ownership

As between you and Avetti, you retain all rights, title, and interest in and to any data, content, materials, or information that you upload, submit, post, or transmit through the Services ("Customer Data"), including:

• Product listings, descriptions, and images
• Customer information and order data
• Marketing materials and content
• Business information and analytics data

4.4.2 License to Customer Data

You grant Avetti a worldwide, royalty-free, non-exclusive license to use, copy, store, transmit, display, modify, and process Customer Data solely to:

• Provide, maintain, and improve the Services
• Generate aggregated and anonymized analytics and insights
• Comply with legal obligations
• Enforce these Terms

4.4.3 Customer Data Responsibilities

You represent and warrant that:

• You own or have obtained all necessary rights to Customer Data
• Customer Data does not infringe any third-party intellectual property rights
• Customer Data complies with all applicable laws and these Terms
• You have obtained all necessary consents to upload and process Customer Data through the Services

You are solely responsible for the accuracy, quality, legality, and appropriateness of Customer Data.

4.5 Feedback and Suggestions

If you provide Avetti with any suggestions, feedback, ideas, or recommendations regarding the Services ("Feedback"), you grant Avetti a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit such Feedback without any obligation to you. Avetti shall have no obligation to maintain confidentiality of Feedback.

4.6 Third-Party Content

The Services may include content, data, or materials provided by third parties. Avetti does not control, endorse, or assume responsibility for any third-party content. Your use of third-party content is at your own risk and subject to any applicable third-party terms.

5. Fees, Payment, and Billing

5.1 Subscription Fees

You agree to pay all fees associated with your subscription plan as specified in your Order Form or as displayed on our pricing page at the time of purchase. All fees are stated in U.S. Dollars (USD) or Canadian Dollars (CAD) unless otherwise specified.

5.2 Billing Cycles

Fees are billed in advance on a subscription basis (monthly, annually, or as otherwise agreed). Your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date.

5.3 Payment Methods

You authorize us to charge your designated payment method (credit card, ACH transfer, or other approved method) for all fees when due. You must provide current, complete, and accurate billing information and promptly update this information if it changes.

5.4 Transaction Fees

In addition to subscription fees, you may incur transaction fees based on sales volume, payment processing, or use of certain features. These fees are specified in your Order Form or our pricing documentation.

5.5 Taxes

All fees are exclusive of applicable taxes, duties, and governmental charges (collectively, "Taxes"). You are responsible for paying all Taxes associated with your use of the Services, except for taxes based on Avetti's net income. If we are required to collect or pay Taxes, such amounts will be invoiced to you and are due along with the associated fees.

5.6 Late Payment

If payment is not received when due, we may:

• Charge interest on overdue amounts at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less
• Suspend your access to the Services until payment is received
• Engage collection agencies or legal counsel to collect overdue amounts, in which case you will be responsible for all reasonable costs of collection, including attorney fees

5.7 Price Changes

We reserve the right to change our fees upon 30 days' advance notice. Price changes will take effect at the start of your next billing cycle after the notice period. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

5.8 Refunds and Cancellations

All fees are non-refundable except as expressly stated in these Terms or required by law. If you cancel your subscription:

• Monthly subscriptions: No refund for the current billing period; access continues until the end of the paid period
• Annual subscriptions: No refund for unused time unless otherwise agreed in writing
• Free trials: No charges apply during the trial period; you may cancel before the trial ends to avoid charges

5.9 Disputed Charges

If you believe you have been incorrectly charged, you must contact us within 30 days of the charge. We will investigate and, if the charge was incorrect, issue a credit or refund.

6. Acceptable Use Policy

6.1 Prohibited Activities

You agree NOT to use the Services to:

6.1.1 Illegal Activities

• Violate any applicable laws, regulations, or third-party rights
• Facilitate illegal gambling, money laundering, or terrorist financing
• Sell or promote illegal drugs, weapons, or other contraband
• Engage in fraud, counterfeiting, or deceptive practices

6.1.2 Harmful Content

• Distribute malware, viruses, or other malicious code
• Engage in phishing, spamming, or unsolicited bulk messaging
• Harass, abuse, threaten, or intimidate others
• Distribute content that is defamatory, obscene, or hateful
• Share content that promotes violence or discrimination

6.1.3 Intellectual Property Infringement

• Infringe copyrights, trademarks, patents, or other intellectual property rights
• Sell counterfeit goods or unauthorized replicas
• Distribute pirated software, media, or content

6.1.4 Platform Abuse

• Attempt to gain unauthorized access to the Services or related systems
• Interfere with or disrupt the Services or servers
• Use automated systems to scrape, data mine, or overload our systems
• Circumvent security measures or usage limits
• Create multiple accounts to evade restrictions or bans

6.1.5 Restricted Products and Services

• Sell products or services prohibited by our Restricted Products Policy (available upon request)
• Violate payment card network rules or payment processor terms
• Engage in high-risk activities without prior approval

6.2 Compliance with Laws

You are responsible for complying with all applicable laws and regulations related to your use of the Services, including but not limited to:

• Consumer protection laws
• Data protection and privacy laws
• Export control and sanctions laws
• Tax laws and reporting requirements
• Industry-specific regulations (e.g., healthcare, financial services)

6.3 Monitoring and Enforcement

We reserve the right, but have no obligation, to:

• Monitor use of the Services for compliance with these Terms
• Investigate suspected violations
• Remove or disable access to content that violates these Terms
• Suspend or terminate accounts that violate these Terms
• Cooperate with law enforcement authorities
• Take any other action we deem appropriate to enforce these Terms

We are not responsible for monitoring or moderating Customer Data, but we may do so to enforce these Terms or comply with legal obligations.

7. Third-Party Services and Integrations

7.1 Third-Party Integrations

The Services may integrate with or allow you to connect third-party applications, services, or platforms ("Third-Party Services"), including:

• Payment processors (e.g., Stripe, PayPal, Authorize.net)
• Shipping carriers and fulfillment services
• Marketing and analytics platforms
• Accounting and ERP systems
• Social media platforms

7.2 Third-Party Terms

Your use of Third-Party Services is subject to the terms and conditions of those third parties. We do not control Third-Party Services and are not responsible for their availability, functionality, or content. You acknowledge that:

• Integration with Third-Party Services may require additional fees paid directly to third parties
• Third-Party Services may access your Customer Data as necessary for the integration
• Changes to Third-Party Services may affect their integration with our Services
• We may discontinue support for Third-Party Services at any time

7.3 No Endorsement

The availability of Third-Party Services through our platform does not constitute our endorsement or recommendation. You are solely responsible for evaluating Third-Party Services before use.

8. Data Protection and Privacy

8.1 Privacy Policy

Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

8.2 Data Processing Agreement

If you are located in the European Economic Area, UK, or Switzerland, or if you process personal data of individuals in those regions, our Data Processing Agreement (DPA) applies and is incorporated into these Terms. The DPA is available upon request.

8.3 Customer Data Security

We implement industry-standard technical and organizational security measures to protect Customer Data, including:

• Encryption of data in transit and at rest
• Regular security assessments and audits
• Access controls and authentication mechanisms
• Backup and disaster recovery procedures

However, no security system is impenetrable. We cannot guarantee absolute security of Customer Data.

8.4 Data Backup and Loss Prevention

While we maintain regular backups of data stored on our Services, you are responsible for maintaining your own backup copies of Customer Data. We are not liable for any loss or corruption of Customer Data.

8.5 Data Retention and Deletion

We will retain Customer Data for as long as your account is active or as needed to provide the Services. Upon account termination, we will delete or anonymize Customer Data in accordance with our data retention policies and applicable law, except as required for legal, regulatory, or legitimate business purposes.

You may request deletion of specific Customer Data at any time by contacting us at ecommerce@avetti.com.

9. Warranties and Disclaimers

9.1 Mutual Warranties

Each party represents and warrants that:

• It has the legal power and authority to enter into this Agreement
• This Agreement constitutes a valid and binding obligation
• It will comply with all applicable laws in performing its obligations

9.2 Customer Warranties

You represent and warrant that:

• All information you provide is accurate, complete, and current
• You own or have obtained all necessary rights to Customer Data
• Your use of the Services complies with these Terms and applicable laws
• Customer Data does not infringe third-party rights or violate applicable laws

9.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVETTI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9.4 No Advice or Recommendations

Any information, advice, or recommendations provided through the Services are for informational purposes only and should not be relied upon as professional, legal, financial, or other specialized advice.

10. Indemnification

10.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless Avetti, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable laws
• Your Customer Data, including any claim that it infringes third-party rights
• Your products, services, or business operations
• Any claim brought by your customers or end users
• Your breach of any representation or warranty in these Terms

10.2 Indemnification Process

Avetti will:

• Promptly notify you in writing of any claim subject to indemnification
• Provide reasonable cooperation in the defense of the claim
• Allow you to control the defense and settlement of the claim

You may not settle any claim in a manner that imposes obligations on Avetti without our prior written consent.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• BUSINESS INTERRUPTION
• LOSS OF GOODWILL OR REPUTATION
• COST OF SUBSTITUTE SERVICES

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVETTI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE TOTAL FEES PAID BY YOU TO AVETTI IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
• $1,000 USD

11.3 Exceptions to Limitations

The limitations in Sections 11.1 and 11.2 do not apply to:

• Your payment obligations under these Terms
• Your indemnification obligations under Section 10
• Liability for gross negligence or willful misconduct
• Violations of intellectual property rights
• Death or personal injury caused by negligence
• Liability that cannot be limited by applicable law

11.4 Essential Purpose

You acknowledge that the limitations of liability in this Section 11 reflect a reasonable allocation of risk and are fundamental elements of the basis of the bargain between the parties. The Services would not be provided without these limitations.

12. Confidentiality

12.1 Confidential Information

"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is marked as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Confidential Information includes, but is not limited to:

• Business plans, strategies, and financial information
• Technical data, specifications, and designs
• Customer lists and information
• Proprietary software, algorithms, and source code
• The terms and conditions of this Agreement (including pricing)

12.2 Obligations

The Receiving Party agrees to:

• Protect Confidential Information with the same degree of care it uses for its own confidential information (but no less than reasonable care)
• Not disclose Confidential Information to third parties except as permitted in these Terms
• Use Confidential Information only for purposes of performing obligations or exercising rights under these Terms
• Limit access to Confidential Information to employees and contractors who need to know and who are bound by confidentiality obligations

12.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known to the Receiving Party prior to disclosure
• Is rightfully received from a third party without confidentiality obligations
• Is independently developed by the Receiving Party without use of the Confidential Information

12.4 Compelled Disclosure

The Receiving Party may disclose Confidential Information to the extent required by law or legal process, provided that it:

• Provides prompt notice to the Disclosing Party (if legally permitted)
• Reasonably cooperates with the Disclosing Party's efforts to seek protective measures
• Discloses only the minimum information required

13. Term and Termination

13.1 Term

This Agreement begins on the date you first access the Services or create an account, whichever is earlier, and continues until terminated in accordance with this Section 13.

Your subscription term is specified in your Order Form or as selected during sign-up (monthly, annual, or other period).

13.2 Termination for Convenience

13.2.1 By Customer

You may terminate your subscription at any time by:

• Canceling through your account settings, or
• Contacting customer support at ecommerce@avetti.com

Cancellation takes effect at the end of your current billing period. You will not receive a refund for the remaining period.

13.2.2 By Avetti

We may terminate your subscription for convenience upon 30 days' written notice. In such case, we will provide a pro-rata refund for any prepaid fees for the unused portion of your subscription term.

13.3 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if:

• The other party materially breaches these Terms and fails to cure within 30 days of written notice (or immediately if the breach cannot be cured)
• The other party becomes insolvent, files for bankruptcy, or ceases business operations

We may also suspend or terminate your account immediately without notice if:

• We reasonably believe your account has been compromised or is being used fraudulently
• You engage in conduct that violates the Acceptable Use Policy
• Required by law or legal process
• Necessary to prevent harm to Avetti, the Services, or other users

13.4 Effect of Termination

Upon termination or expiration of this Agreement:

13.4.1 Access and Licenses

• Your right to access and use the Services immediately terminates
• All licenses granted under these Terms immediately terminate
• You must cease all use of the Services and Avetti's intellectual property

13.4.2 Customer Data

• You have 30 days from termination to export your Customer Data using available export tools
• After 30 days, we may delete all Customer Data, except as required by law or legitimate business purposes
• We are not obligated to retain or return Customer Data after the retention period

13.4.3 Payment Obligations

• All outstanding fees and charges become immediately due and payable
• Termination does not relieve you of payment obligations for fees incurred prior to termination

13.5 Survival

The following provisions survive termination or expiration of this Agreement: Sections 4.3 (Avetti Intellectual Property), 4.5 (Feedback), 5 (Fees and Payment for amounts owed), 6 (Acceptable Use Policy), 9.3 (Disclaimers), 10 (Indemnification), 11 (Limitation of Liability), 12 (Confidentiality), 13.4 (Effect of Termination), 13.5 (Survival), and 15 (General Provisions).

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14.2 Jurisdiction and Venue

Subject to Section 14.3 (Arbitration), the parties irrevocably submit to the exclusive jurisdiction of the courts located in Barrie, Ontario, Canada for resolution of any disputes arising out of or relating to these Terms or the Services.

14.3 Informal Dispute Resolution

Before initiating formal proceedings, the parties agree to first attempt to resolve any dispute informally by contacting each other and negotiating in good faith for at least 30 days.

To initiate informal dispute resolution, send written notice to:

14.4 Arbitration (Optional)

By mutual written agreement, the parties may elect to resolve disputes through binding arbitration in accordance with the rules of the ADR Institute of Canada.

14.5 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.6 Exceptions to Dispute Resolution

Nothing in this Section prevents either party from:

• Seeking injunctive or equitable relief in court for intellectual property infringement or misappropriation
• Initiating a proceeding in small claims court
• Complying with lawful requests from governmental authorities

15. General Provisions

15.1 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, or franchise relationship between the parties.

15.2 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void. We may assign these Terms or any rights hereunder without your consent, including in connection with a merger, acquisition, or sale of assets.

15.3 No Third-Party Beneficiaries

These Terms are for the benefit of the parties only and do not confer any rights or benefits on any third party, except as expressly provided herein.

15.4 Notices

All notices under these Terms must be in writing and will be deemed given:

• When delivered personally
• When sent by confirmed email
• Three business days after being sent by registered or certified mail
• One business day after being sent by overnight courier

Notices to you will be sent to the email address associated with your account.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, pandemics, governmental actions, or internet/telecommunications failures.

15.6 Waiver

No failure or delay by either party in exercising any right or remedy under these Terms will constitute a waiver of that right or remedy. Any waiver must be in writing and signed by the waiving party.

15.7 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.8 Entire Agreement

These Terms, together with the Privacy Policy, any Order Forms, and other documents expressly incorporated by reference, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

15.9 Interpretation

• Headings are for convenience only and do not affect interpretation
• "Including" means "including without limitation"
• Singular includes plural and vice versa
• "Or" is not exclusive
• "Days" means calendar days unless otherwise specified

15.10 Language

These Terms are drafted in English. If translated into other languages, the English version shall prevail in case of any conflict or ambiguity.

15.11 Export Compliance

You agree to comply with all applicable export control laws and regulations, including those of Canada, the United States, and any other applicable jurisdiction. You will not export, re-export, or transfer the Services or any technical data to prohibited countries, entities, or individuals.

15.12 Government Rights

If you are a government entity or the Services are being acquired on behalf of a government, the Services are "commercial computer software" and "commercial computer software documentation" as defined in applicable procurement regulations. Use, duplication, and disclosure are subject to the restrictions in these Terms.

15.13 Publicity

We may identify you as a customer and use your company name and logo in our marketing materials, website, and customer lists unless you notify us in writing that you do not wish to be identified as a customer.

16. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us: