
Service Engine Co Terms of Use
Effective Date: January 8, 2025
Welcome to www.serviceengineco.com (the "Website").
This Terms of Use Agreement (the "Agreement") is made and entered
into by and between you and Service Engine Co
(operated by 2058525 Ontario Inc., a corporation incorporated under
the laws of Ontario, Canada) (the "Company", "us", "we", or "our").
This Agreement sets forth the terms and conditions that govern your
use of and access to the Website and any products, materials, and
services provided by or on the Website (collectively, the "Services").
Acceptance of this Agreement
Acceptance Through Using or Accessing the Services
Please review the following terms carefully. By accessing or using
the Services (or by clicking on "accept" or "agree" to this Agreement
when prompted), you agree to be bound by the terms and conditions of
this Agreement on behalf of yourself or the entity or organization
that you represent. If you do not agree to the terms and conditions
of this Agreement, you may not use or access the Services and must
exit the Website immediately.
Eligibility Requirements to Use or Access the Services
To use the Website or any other Services, you must be (i) at least
18 years old, (ii) a resident of Canada, and (iii) not a competitor
of or using the Services for purposes that are competitive with
the Company.
By accessing or using the Services, you represent and warrant that
you meet all the foregoing eligibility requirements. You also
represent and warrant that you have the right, authority, and
capacity to enter into this Agreement on your behalf or the entity
or organization that you represent. If you do not meet all these
requirements, you may not use or access the Services.
Changes to this Agreement
The Company reserves the right to change this Agreement from time
to time in its sole discretion. Except for changes made for legal
or administrative purposes, the Company will provide reasonable
advance notice before the changes become effective. All changes
will apply to your use of and access to the Services from the date
the changes become effective and onwards. For new users, the changes
will be effective immediately.
Your continued use of or access to the Services following any changes
to this Agreement shall constitute your acknowledgment of such changes
and agreement to be bound by the terms and conditions of such changes.
You should check this page frequently so that you are aware of any
changes since they are binding on you.
Access to the Services
Changes to Your Access and the Services
The Services may change from time to time as the Company evolves,
refines, or adds more features to the Services. The Company reserves
the right to modify, withdraw, or discontinue the Services, in whole
or in part, at any time without notice to you. You agree that the
Company shall have no liability to you or any third party for any
losses or damages caused by the Services not being available, in
whole or in part, at any time or for any period.
Creating an Account
You may be required to register for an account and provide certain
information about yourself to access the Services or certain features
of the Services. You promise to provide us with accurate, complete,
and updated information about yourself. The Company may have different
types of accounts for different users. If you connect to any Services
with a third-party service, you grant us permission to access and use
your information from such service as permitted by that service to
store your login credentials for that service. All information that
you provide will be governed by our Privacy Policy
(https://serviceengineco.com/privacy-policy). You consent to all actions that
we may take with respect to your information consistent with our
Privacy Policy.
Account Responsibilities
You are entirely responsible for maintaining the confidentiality of
your password and account. You are also entirely responsible for any
and all activities associated with your account. Your account is
personal to you and you agree not to provide any other person with
access to the Services or any portions of it using your username,
password, or other security information. You should ensure that you
exit from your account at the end of each session. You should use
extra caution when accessing your account from a public or shared
computer so that others are not able to view or record your password
or other personal information. You may not transfer your account to
anyone else without our prior written permission. You agree to notify
the Company immediately of any actual or suspected unauthorized use
of your account or any other breach of security. The Company will not
be liable for any losses or damages arising from your failure to
comply with the above requirements. You will be held liable for losses
or damages incurred by the Company or any third party due to someone
else using your account or password.
Termination or Deletion of an Account
The Company shall have the right to suspend or terminate your account
at any time in our sole discretion for any or no reason, including if
we determine that you have violated any terms or conditions of
this Agreement.
Policy for Using the Services
Prohibited Uses
You may use the Services for lawful purposes only and in accordance
with this Agreement. You agree not to use the Services in any way
that could damage the Services or general business of the Company.
You may use the Services for any business or commercial purposes.
Prohibited Activities
You further agree not to engage in any of the following prohibited
activities in connection with using the Services:
No Violation of Laws or Obligations. Violate any applicable laws or
regulations (including intellectual property laws and right of privacy
or publicity laws) or any contractual obligations.
No Unsolicited Communications. Send any unsolicited or unauthorized
advertising, promotional materials, spam, junk mail, chain letters,
or any other form of unsolicited communications, whether commercial
or otherwise.
No Impersonation. Impersonate others or otherwise misrepresent your
affiliation with a person or entity in an attempt to mislead, confuse,
or deceive others.
No Harming of Minors. Exploit or harm minors in any way, including
exposing inappropriate content or obtaining personally identifiable
information.
Compliance with Content Standards. Upload, display, distribute, or
transmit any material that does not comply with the Content Standards
set out below in this Agreement.
No Interference with Others' Enjoyment. Harass or interfere with
anyone's use or enjoyment of the Services, or expose the Company or
other users to liability or other harm.
No Interference or Disabling of the Services. Use any device,
software, or routine that interferes with the proper working of the
Services, or take any action that may interfere with, disrupt,
disable, impair, or create an undue burden on the infrastructure of
the Services, including servers or networks connected to the Website.
No Monitoring or Copying Material. Copy, monitor, distribute, or
disclose any part of the Services by automated or manual processes,
devices, or means. This includes, without limitation, using automatic
devices such as robots, spiders, offline readers, crawlers, or
scrapers to strip, scrape, or mine data from the Website; provided,
however, that the Company conditionally grants to the operators of
public search engines revocable permission to use spiders to copy
materials from the Website for the sole purpose of and solely to the
extent necessary for creating publicly available searchable indices
of the materials, but not caches or archives of such materials.
No Viruses, Worms, or Other Damaging Software. Upload, transmit, or
distribute to or through the Services any viruses, Trojan horses,
worms, logic bombs, or other materials intended to damage or alter
the property of others, including attacking the Services via a
denial-of-service or distributed denial-of-service attack.
No Unauthorized Access or Violation of Security. Violate the security
of the Services through (i) any attempt to gain unauthorized access
to the Services or to other systems or networks connected to the
Services, (ii) the breach or circumvention of encryption or other
security codes or tools, or (iii) data mining or interference to any
server, computer, database, host, user, or network connected to
the Services.
No Reverse Engineering. Reverse engineer, decompile, or otherwise
attempt to obtain the source code or underlying information of or
relating to the Services.
No Collecting User Data. Collect, harvest, or assemble any data or
information regarding any other user without their consent. This
includes, without limitation, their emails, usernames, or passwords.
No Other Interference. Otherwise attempt to interfere with the proper
working of the Services.
Attempt or Assist Others in Attempting. Attempt any of the foregoing
or assist, permit, or encourage others to do or attempt any of
the foregoing.
Geographic Restrictions
The Company is based in Rockland, Ontario, Canada. The Services are
intended for use by persons located in Canada. By choosing to access
the Services from any location outside of Canada, you accept full
responsibility for compliance with all applicable local laws. The
Company makes no representations that the Services or any of its
content are accessible or appropriate outside of Canada.
SMS / Text Messaging Communications
By providing your mobile phone number and opting in, you consent to
receive SMS text messages from Service Engine Co (2058525 Ontario Inc.)
related to our AI Receptionist services for home services contractors,
including appointment confirmations, service updates, follow-up
communications, and customer care messages. Your consent to receive
SMS messages is NOT a condition of purchase or use of our services.
1. Message Types: Messages may include appointment confirmations,
service reminders, follow-up communications, and information about
our AI Receptionist services.
2. Opt-Out: You can cancel SMS messages at any time by replying STOP
to any message. Upon sending STOP, you will receive one final
confirmation message and will no longer receive SMS messages from us.
To re-subscribe, opt in again as you did initially.
3. Support: For assistance, reply HELP to any message, or contact us
directly at [email protected] or
1 613 707 1280.
4. Carrier Liability: Carriers are not liable for delayed or
undelivered messages.
5. Rates & Frequency: Message and data rates may apply for messages
sent to and from us. Message frequency varies based on your
interactions with us. For questions about your text or data plan,
contact your wireless provider. Supported carriers include Rogers,
Bell, Telus, Fido, Freedom Mobile, Videotron, and others.
6. No Sharing: No mobile information will be shared with third parties
or affiliates for marketing or promotional purposes. Sharing with
subcontractors who support service delivery is permitted solely for
operational purposes. All other use cases exclude text messaging
originator opt-in data and consent; this information will not be
shared with any third parties.
7. Privacy: For privacy-related inquiries, please refer to our
Privacy Policy at https://serviceengineco.com/privacy-policy.
Terms and Conditions of Sale
Purchasing Process
Any steps taken from choosing Services to order submission form part
of the purchasing process. The purchasing process includes these steps:
By clicking on the checkout button, users open the third-party
merchant checkout section, wherein they will have to specify their
contact details and a payment method of their choice.
After providing all the required information, users must carefully
review the order and, subsequently, confirm and submit it by using
the relevant button or mechanism on the Website, hereby accepting
these Terms and committing to pay the agreed-upon price.
Order Submission
When you submit an order, the following applies:
The submission of an order determines contract conclusion and
therefore creates for you the obligation to pay the price, taxes,
and possible further fees and expenses, as specified on the
order page.
In case the purchased Services require active input from you, such
as the provision of personal information or data, specifications or
special wishes, the order submission creates an obligation for you
to cooperate accordingly.
Upon submission of the order, users will receive a receipt confirming
that the order has been received.
All notifications related to the described purchasing process shall
be sent to the email address provided by you for such purposes.
Prices
You are informed during the purchasing process and before order
submission, about any fees, taxes and costs (including, if any,
delivery costs) that you will be charged.
Methods of Payment
Information related to accepted payment methods are made available
during the purchasing process. Some payment methods may only be
available subject to additional conditions or fees. In such cases
related information can be found in the dedicated section of the
Website. All payments are independently processed through third-party
services. Therefore, the Website does not collect any payment
information – such as credit card details – but only receives a
notification once the payment has been successfully completed. If
payment through the available methods fails or is refused by the
payment service provider, the Company shall be under no obligation
to fulfill the purchase order. Any possible costs or fees resulting
from the failed or refused payment shall be borne by you.
Retention of Usage Rights
You do not acquire any rights to use the purchased Services until
the total purchase price is received by the Company.
Contract Duration
Subscriptions
Subscriptions allow you to receive Services continuously or regularly
over a determined period of time. Paid subscriptions begin on the day
the payment is received by the Company. In order to maintain
subscriptions, you must pay the required recurring fee in a timely
manner. Failure to do so may cause service interruptions.
Fixed-Term Subscriptions
Paid fixed-term subscriptions start on the day the payment is received
by the Company and last for the subscription period chosen by you or
otherwise specified during the purchasing process. Once the
subscription period expires, the Services shall no longer be
accessible, unless you renew the subscription by paying the relevant
fee. Fixed-term subscriptions may not be terminated prematurely and
shall run out upon expiration of the subscription term.
Automatic Renewal
Subscriptions are automatically renewed through the payment method
that you chose during purchase unless you cancel the subscription
within the deadlines for termination specified in the relevant section
of these Terms and/or Website. The renewed subscription will last for
a period equal to the original term. You shall receive a reminder of
the upcoming renewal with reasonable advance, outlining the procedure
to be followed in order to cancel the automatic renewal.
Termination
Recurring subscriptions may be terminated at any time by sending a
clear and unambiguous termination notice to the Company using the
contact details provided in this document, or — if applicable — by
using the corresponding controls inside the Website.
Termination Notice
If the notice of termination is received by the Company before the
subscription renews, the termination shall take effect as soon as
the current period is completed.
Intellectual Property Rights
Ownership of Intellectual Property
You acknowledge that all intellectual property rights, including
copyrights, trademarks, trade secrets, and patents, in the Services
and its contents, features, and functionality (collectively, the
"Content"), are owned by the Company, its licensors, or other
providers of such material. The Content is protected by Canadian and
international intellectual property or proprietary rights laws.
Neither this Agreement nor your access to the Services transfers to
you any right, title, or interest in or to such intellectual property
rights. Any rights not expressly granted in this Agreement are
reserved by the Company and its licensors.
License to Use the Services
During the Term of this Agreement, the Company grants you a limited,
non-exclusive, non-transferable, non-sublicensable, and revocable
license to use and access the Content for any business or commercial
use in accordance with this Agreement. The Content may not be used
for any other purpose. This license will terminate upon your cessation
of use of the Services or at the termination of this Agreement.
Certain Restrictions
The rights granted to you in this Agreement are subject to the
following restrictions:
No Copying or Distribution. You shall not copy, reproduce, publish,
display, perform, post, transmit, or distribute any part of the
Content in any form or by any means except as expressly permitted
herein or as enabled by a feature, product, or the Services when
provided to you.
No Modifications. You shall not modify, create derivative works from,
translate, adapt, disassemble, reverse compile, or reverse engineer
any part of the Content.
No Exploitation. You shall not sell, license, sublicense, transfer,
assign, rent, lease, loan, host, or otherwise exploit the Content or
the Services in any way, whether in whole or in part.
No Altering of Notices. You shall not delete or alter any copyright,
trademark, or other proprietary rights notices from copies of
the Content.
No Competition. You shall not access or use the Content in order to
build a similar or competitive website, product, or service.
Systematic Retrieval. You shall not use any information retrieval
system to create, compile, directly or indirectly, a database,
compilation, collection or directory of the Content or other data
from the Services.
Trademark Notice
All trademarks, logos, and service marks displayed on the Services
are either the Company's property or the property of third parties.
You may not use such trademarks, logos, or service marks without the
prior written consent of their respective owners.
User Content
User Generated Content
The Services may contain message boards, chatrooms, profiles, forums,
and other interactive features that allow users to post, upload,
submit, publish, display, or transmit to other users or other persons
content or materials (collectively, "User Content") on or through
the Services.
You are solely responsible for your User Content. Please consider
carefully what you choose to share. All User Content must comply with
the Content Standards set forth below. Any User Content you post on
or through the Services will be considered non-confidential and
non-proprietary. You assume all risks associated with the use of your
User Content. This includes any reliance on its accuracy,
completeness, reliability, or appropriateness by other users and
third parties, or any disclosure of your User Content that personally
identifies you or any third party. You agree that the Company shall
not be responsible or liable to any third party for any User Content
posted by you or any other user of the Services.
You further agree that the Company shall not be responsible for any
loss or damage incurred as the result of any interactions between you
and other users. Your interactions with other users are solely between
you and such users. If there is a dispute between you and any other
user, we are under no obligation to become involved.
License
You hereby grant to the Company an irrevocable, non-exclusive,
royalty-free and fully paid, transferable, perpetual, and worldwide
license to reproduce, distribute, publicly display and perform,
prepare derivative works of, incorporate into other works, and
otherwise use and exploit your User Content, and to grant sublicenses
of the foregoing rights, in connection with the Services and the
Company's business including, without limitation, for promoting and
redistributing part or all of the Services in any media formats and
through any media channels.
You represent and warrant that you have all the rights, power, and
authority necessary to grant the rights granted herein to any User
Content that you submit. You hereby irrevocably waive all claims and
have no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary rights in any communication,
content, or material submitted to us. Please note that all of the
following licenses are subject to our Privacy Policy
(https://serviceengineco.com/privacy-policy) to the extent they relate to
any User Content that contains any personally identifiable information.
Content Standards
You agree not to send, knowingly receive, upload, transmit, display,
or distribute any User Content that does not comply with the following
standards ("Content Standards"). User Content must not:
Violate Laws or Obligations. Violate any applicable laws or
regulations (including intellectual property laws and right of privacy
or publicity laws), or any contractual or fiduciary obligations.
Promote Illegal Activity or Harm to Others. Promote any illegal
activity; advocate, promote, or assist any unlawful act; or create
any risk of any harm, loss, or damage to any person or property.
Infringe Intellectual Property Rights. Infringe any copyright,
trademark, patent, trade secret, moral right, or other intellectual
property rights of any other person.
Defamatory, Abusive, or Otherwise Objectionable Material. Contain
any information or material that we deem to be unlawful, defamatory,
trade libelous, invasive of another's privacy or publicity rights,
abusive, threatening, harassing, harmful, violent, hateful, obscene,
vulgar, profane, indecent, offensive, inflammatory, humiliating to
other people (publicly or otherwise), or otherwise objectionable.
Promotion of Sexually Explicit Material or Discrimination. Promote
sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age.
Fraudulent Information or Impersonation. Contain any information or
material that is false, intentionally misleading, or otherwise likely
to deceive any person including, without limitation, impersonating
any person, or misrepresenting your identity or affiliation with any
person or organization.
Endorsement by the Company. Represent or imply to others that it is
in any way provided, sponsored, or endorsed by the Company or any
other person or entity, if that is not the case.
Monitoring and Enforcement
We reserve the right at all times, but are not obligated, to:
Take any action with respect to any User Content that we deem
necessary or appropriate in our sole discretion, including if we
believe that such User Content violates the Content Standards or any
other provision in this Agreement, or creates liability for the
Company or any other person. Such action may include reporting you
to law enforcement authorities.
Remove or reject any User Content for any or no reason in our
sole discretion.
Disclose any User Content, your identity, or electronic communication
of any kind to satisfy any law, regulation, or government request,
or to protect the rights or property of the Company or any
other person.
Terminate or suspend your access to all or part of the Services for
any or no reason, including without limitation, any violation of
this Agreement.
We do not review User Content before it is posted on or through the
Services, and therefore cannot ensure prompt removal of questionable
User Content. Accordingly, the Company and its affiliates, and their
respective officers, directors, employees or agents, assume no
liability for any action or inaction regarding transmissions,
communications, or content provided by any user or third party.
The Company shall have no liability or responsibility to anyone for
performance or non-performance of the activities described
in this Section.
Copyright Infringement
The Company respects the intellectual property of others and expects
users of the Services to do the same. It is the Company's policy to
terminate the users of our Services who are repeat infringers of
intellectual property rights, including copyrights, in accordance
with the Copyright Act (R.S.C., 1985, c. C-42) and other applicable
Canadian law.
If you believe that your work has been copied in a way that
constitutes copyright infringement and wish to have the allegedly
infringing material removed, please provide the following information
to our designated copyright agent:
- A physical or electronic signature of the copyright owner or a
person authorized to act on their behalf
- A description of the copyrighted work that you allege has been
infringed
- A description of the material that is claimed to be infringing
and where it is located on our Services
- Your contact information, including address, telephone number,
and email address
- A statement that you have a good faith belief that use of the
material is not authorized by the copyright owner, its agent,
or the law
- A statement that the above information is accurate and that you
are the copyright owner or authorized to act on their behalf
Please note that any misrepresentation of material fact in a
copyright infringement notice may subject the complaining party to
liability under applicable law.
Designated copyright agent for the Company:
NAME: Service Engine Co (2058525 Ontario Inc.)
809 Platinum St, Rockland, ON, K4K0J2
TELEPHONE: 1 613 707 1280
EMAIL: [email protected]
Feedback to the Company
If you provide the Company with any feedback or suggestions regarding
the Services ("Feedback"), you hereby assign to the Company all rights
in such Feedback and agree that the Company shall have the right to
use and fully exploit such Feedback and related information in any
manner it deems appropriate. The Company will treat any Feedback that
you provide as non-confidential and non-proprietary. You agree that
you will not submit to the Company any information or ideas that you
consider to be confidential or proprietary.
Assumption of Risk
The information presented on or through the Services is made available
for general information purposes only. The Company does not warrant
the accuracy, completeness, suitability, or quality of any such
information. Any reliance on such information is strictly at your own
risk. The Company disclaims all liability and responsibility arising
from any reliance placed on such information by you or any other user
of the Services, or by anyone who may be informed of any of its
contents.
Privacy
For information about how the Company collects, uses, and shares your
information, please review our Privacy Policy
(https://serviceengineco.com/privacy-policy). You agree that by using the
Services you consent to the collection, use, and sharing (as set
forth in the Privacy Policy) of such information.
Termination
The Company may suspend or terminate your access or rights to use
the Services at any time, for any reason, in our sole discretion,
and without prior notice, including for any breach of the terms of
this Agreement. Upon termination of your access or rights to use the
Services, your right to access and use the Services will immediately
cease. The Company will not have any liability whatsoever to you for
any suspension or termination of your rights under this Agreement,
including for termination of your account or deletion of your User
Content. If you have registered for an account, you may terminate
this Agreement at any time by contacting the Company and requesting
termination.
Effect of Termination
Upon termination of this Agreement, any provisions that by their
nature should survive termination shall remain in full force and
effect. This includes, without limitation, ownership or intellectual
property provisions, warranty disclaimers, and limitations of
liability. Termination of your access to and use of the Services
shall not relieve you of any obligations arising or accruing prior
to termination or limit any liability that you otherwise may have
to the Company or any third party. You understand that any
termination of your access to and use of the Services may involve
deletion of your User Content associated with your account from
our databases.
No Warranty
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO
NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR
CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE
SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH
THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM,
MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT
FROM YOUR USE OF THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION,
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL
THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO
USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES
OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF
USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE
DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS
FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SERVICES IS TO STOP USING THE SERVICES.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and
its affiliates and their respective officers, directors, employees,
agents, affiliates, successors, and permitted assigns (collectively,
"Indemnified Party") from and against any and all losses, claims,
actions, suits, complaints, damages, liabilities, penalties,
interest, judgments, settlements, deficiencies, disbursements,
awards, fines, costs, fees, or expenses of whatever kind, including
reasonable attorneys' fees and the cost of pursuing any insurance
providers, arising out of or relating to your breach of this
Agreement or your use or misuse of the Services including, but not
limited to, your User Content or any actions taken by a third party
using your account.
Disputes
Governing Law
All matters relating to this Agreement, and all matters arising out
of or relating to this Agreement, whether sounding in contract, tort,
or statute are governed by, and construed in accordance with, the
laws of the Province of Ontario and the federal laws of Canada
applicable therein, without giving effect to any conflict of law
principles.
Dispute Resolution
Any action or proceeding arising out of or related to this Agreement
or the Services shall be brought in the courts of the Province of
Ontario, Canada. You hereby irrevocably submit to the exclusive
jurisdiction of these courts and waive the defense of inconvenient
forum to the maintenance of any action or proceeding in such venues.
At the Company's sole discretion, it may require any dispute, claim,
or controversy arising out of or relating to this Agreement, or the
breach, termination, enforcement, interpretation, or validity thereof,
to be submitted to and decided by a single arbitrator by binding
arbitration under the rules of the ADR Institute of Canada. The
decision of the arbitrator shall be final and binding on the parties
and may be entered and enforced in any court of competent jurisdiction
by either party. The prevailing party in the arbitration proceedings
shall be awarded reasonable legal fees, expert witness costs and
expenses, and all other costs and expenses incurred directly or
indirectly in connection with the proceedings, unless the arbitrator
shall for good cause determine otherwise.
All arbitrations shall proceed on an individual basis. You agree that
you may bring claims against the Company in arbitration only in your
individual capacity and in so doing you hereby waive the right to
assert or participate in a class action lawsuit or class action
arbitration (either as a named plaintiff or class member), and to
assert or participate in any joint or consolidated lawsuit or joint
or consolidated arbitration of any kind.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE
WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING
TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION
OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
Miscellaneous
Waiver
Except as otherwise set forth in this Agreement, no failure of the
Company to exercise, or delay by the Company in exercising, any
right, remedy, power, or privilege arising from this Agreement shall
operate or be construed as a waiver thereof, nor shall any single or
partial exercise of any right, remedy, power, or privilege hereunder
preclude any other or further exercise thereof or the exercise of any
other right, remedy, power, or privilege.
Severability
If any term or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, illegal, or unenforceable, such
invalidity, illegality, or unenforceability shall not affect any
other term or provision of this Agreement or invalidate or render
unenforceable such term or provision in any other jurisdiction.
Entire Agreement
This Agreement, together with all documents referenced herein,
constitutes the entire agreement between you and the Company with
respect to the subject matter contained herein. This Agreement
supersedes all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, with respect
to the subject matter hereof.
Headings
Headings and titles of sections, clauses, and parts in this Agreement
are for convenience only. Such headings and titles shall not affect
the meaning of any provisions of the Agreement.
No Agency, Partnership or Joint Venture
No agency, partnership, or joint venture has been created between you
and the Company as a result of this Agreement. You do not have any
authority of any kind to bind the Company in any respect whatsoever.
Assignment
You shall not assign or delegate any of your rights or obligations
under this Agreement without the prior written consent of the Company.
Any purported assignment or delegation in violation of this Section
shall be deemed null and void. No assignment or delegation shall
relieve you of any of your obligations hereunder. The Company may
freely assign or delegate its rights and obligations under this
Agreement at any time.
Export Laws
The Services may be subject to Canadian export control laws and
regulations, including the Export and Import Permits Act (R.S.C.,
1985, c. E-19). You agree to comply with all applicable Canadian
export laws and not to transfer any materials from the Services in
violation of such laws or regulations.
Contact Information
All notices of copyright infringement claims should be sent to the
designated copyright agent as provided in the Copyright Infringement
section above. All other feedback, comments, requests for technical
support, and other communications relating to the Services should be
directed to:
Service Engine Co (2058525 Ontario Inc.)
809 Platinum St, Rockland, ON, K4K0J2
Email: [email protected]
Phone: 1 613 707 1280
Website: www.serviceengineco.com
⚠️ Reminder: This document is provided to help meet A2P carrier compliance requirements. Please have a Canadian lawyer review the final version before publishing to ensure full compliance with Ontario law, PIPEDA, Canada's Anti-Spam Legislation (CASL), and any other applicable regulations specific to your business. CASL in particular has strict rules around commercial electronic messages that apply to Canadian businesses.