Terms of Use

Upon termination or cancellation of your account, your access to Client Data will be governed by the following retention periods based on service type:

Spot Checker Service and Water Testing Data: You will have read-only access to your data for a period of 12 months following termination of the applicable service.

Audit and Inspection Documents: You will have read-only access to your audit and inspection records for a period of 5 years following termination to accommodate regulatory retention requirements applicable to safety and compliance records.

During these retention periods, you may view and review your data through our platform, but you will not be able to create new entries or modify existing records.

8.3 Data Export

We are committed to the principle that you own your Client Data. Upon request, and in any event prior to the scheduled deletion of your data following termination, we will provide you with a copy of your Client Data in a standard, machine-readable format (such as CSV or JSON). We will use commercially reasonable efforts to ensure data export functionality is available via your account dashboard throughout the term of your service.

You are responsible for exporting your data prior to the end of any post-termination access period. We strongly encourage you to maintain your own backup copies of critical data and to export data regularly while your account is active.

8.4 Data Deletion

After the applicable retention period expires, we reserve the right to permanently delete your Client Data from our systems. We will provide reasonable notice before permanent deletion occurs, but we are under no obligation to retain your data beyond the specified retention periods.

You may request earlier deletion of your data by contacting us at [Insert Email], subject to our legal and regulatory obligations to retain certain records.

8.5 Termination by Client

You may terminate your account at any time by:

Subscription Services: Canceling your subscription through your account dashboard or by contacting us at [Insert Email]. Cancellation will be effective at the end of your current billing period.

Per-Transaction Services: Per-transaction services are considered complete upon delivery of the service or report and cannot be "terminated," but you may choose not to purchase additional services.

8.6 Termination by Company

We reserve the right to suspend or terminate your account immediately, without notice, if:

  • You violate these Terms or our Privacy Policy

  • Your account is used for fraudulent, illegal, or unauthorized purposes

  • Your payment method fails or your account becomes delinquent

  • We are required to do so by law or regulatory authority

  • We discontinue offering the Services generally

Upon termination by us for cause, you will not be entitled to any refund of prepaid fees, except as required by applicable consumer protection legislation.

9. WARRANTIES AND DISCLAIMERS

9.1 Limited Warranty

We warrant that our Services will perform substantially in accordance with the descriptions provided on our website and in our documentation. If the Services fail to meet this limited warranty, your sole remedy is for us to use commercially reasonable efforts to correct the issue or, if we are unable to do so, to refund any prepaid fees for the affected Services on a pro-rata basis.

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1, OUR 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, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES: Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

ACCURACY AND RELIABILITY: We do not warrant that our Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

DATA ACCURACY: We do not warrant the accuracy, completeness, or reliability of any data, content, or results generated through our Services. You are solely responsible for verifying the accuracy of all data you enter and all outputs you rely upon.

REGULATORY COMPLIANCE: We do not warrant that use of our Services will ensure compliance with any specific laws, regulations, or industry standards. Compliance is your sole responsibility.

THIRD-PARTY SERVICES: We do not warrant the performance, availability, or security of any third-party services or infrastructure upon which our Services depend.

This disclaimer applies to the maximum extent permitted by law and does not exclude any statutory warranties or conditions that cannot be legally disclaimed, particularly in consumer agreements governed by provincial consumer protection legislation.

9.3 Acknowledgment

You acknowledge and agree that:

  • Our Services are tools to assist with data management and documentation, not substitutes for professional safety judgment or regulatory expertise

  • You are solely responsible for all decisions made based on data or outputs from our Services

  • We have no liability for any compliance failures, regulatory violations, safety incidents, or other consequences resulting from your use of or reliance on our Services

10. LIMITATION OF LIABILITY

10.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES 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 or downtime

  • Regulatory fines, penalties, or compliance costs

  • Reputational harm

  • Cost of substitute services or products

THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH LIABILITY IS BASED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

FOR PER-TRANSACTION SERVICES, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM.

10.3 Basis of the Bargain

You acknowledge and agree that the limitations of liability set forth in this Section 10 are fundamental elements of the agreement between you and the Company. The fees charged for our Services reflect these limitations, and we would not be able to provide the Services on an economically reasonable basis without these limitations.

10.4 Exceptions

Nothing in this Section 10 shall limit or exclude liability for:

(a) death or personal injury caused by a party's gross negligence (b) fraud or fraudulent misrepresentation (c) a party's breach of its obligations under Section 11 (Indemnification) (d) any other liability that cannot be excluded or limited under applicable law

10.5 Allocation of Risk

You acknowledge that the pricing of our Services, the disclaimers in Section 9, and the limitations in this Section 10 represent an agreed allocation of risk between you and the Company. This allocation is an essential basis of our agreement.

10.6 Definition of Gross Negligence

For the purposes of these Terms, "Gross Negligence" means any act or failure to act (whether sole, joint, or concurrent) by a party that constitutes a very marked departure from the standard of care a reasonable person would show in similar circumstances, demonstrating a reckless disregard for, or wanton indifference to, the foreseeable and harmful consequences.

11. INDEMNIFICATION

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your Use of Services: Your access to or use of our Services, including any data you submit or actions you take through our Services.

Violation of Terms: Your violation of these Terms, our Privacy Policy, or any applicable laws or regulations.

Infringement: Any claim that your Client Data or your use of our Services infringes or violates the intellectual property, privacy, or other rights of any third party.

Regulatory Non-Compliance: Any regulatory violations, compliance failures, safety incidents, or enforcement actions directly related to your facility operations where you used our Services as part of your compliance program.

Unauthorized Access: Any unauthorized access to or use of our Services through your account resulting from your failure to maintain the security of your credentials, unless such access resulted solely from our gross negligence or willful misconduct.

11.2 Indemnification Process

We will provide you with prompt notice of any claim subject to indemnification. You will have the right to control the defense and settlement of any such claim, provided that:

  • You may not settle any claim in a manner that admits liability on our behalf or imposes obligations on us without our prior written consent

  • We reserve the right to participate in the defense at our own expense

  • You will not agree to any settlement that does not include an unconditional release of all claims against us

11.3 Company Indemnification Obligations

We agree to indemnify, defend, and hold you harmless from and against any third-party claims, liabilities, and expenses (including reasonable attorneys' fees) arising from a claim that your use of the Services in accordance with these Terms infringes on a third party's Canadian intellectual property rights.

Our obligation under this section is conditional upon you providing us with: (a) prompt written notice of the claim (b) sole control of the defense and settlement of the claim (c) all reasonable assistance, at our expense

12. DISPUTE RESOLUTION AND GOVERNING LAW

12.1 Governing Law

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

12.2 Jurisdiction

Subject to Section 12.3 below, you agree that any legal action or proceeding arising out of or related to these Terms or your use of our Services shall be brought exclusively in the courts located in Alberta, and you irrevocably consent to the jurisdiction of such courts. This provision does not apply where it would be unconscionable or create an unfair barrier to justice for individual consumers.

12.3 Informal Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [Insert Email] with a detailed description of the dispute. We will attempt to resolve the dispute through good-faith negotiations for a period of 30 days.

12.4 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. This waiver is void where prohibited by law.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any separate written service agreements you have entered into with us, constitute the entire agreement between you and the Company regarding your use of our Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

13.2 Amendments

We reserve the right to modify these Terms at any time. We will provide notice of material changes by: (a) posting the updated Terms on our website with a revised effective date, and (b) sending email notification to the address associated with your account at least 30 days prior to the effective date of material changes

Your continued use of our Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of our Services.

13.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

13.4 Waiver

Our failure to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of that provision or right. Any waiver must be in writing and signed by an authorized representative of the Company.

13.5 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, without your consent.

13.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and the Company. You have no authority to bind the Company or to make commitments on our behalf.

13.7 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or failures of third-party service providers.

13.8 Survival

The following provisions shall survive termination of these Terms: Sections 5 (Intellectual Property and Data Ownership), 6.6 (Refunds), 8 (Data Retention and Account Termination), 9 (Warranties and Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution and Governing Law), and 13 (General Provisions).

13.9 Language

The parties have expressly requested that this Agreement and all related documents be drawn up in English. Les parties ont expressément demandé que la présente convention et tous les documents s'y rattachant soient rédigés en anglais.

13.10 Notices

All notices required or permitted under these Terms shall be in writing and delivered to:

To Company: Aquatic Safety Canada Inc. [Insert Physical Address] [Insert Email Address]

To You: At the email address associated with your account.

Notices shall be deemed given when delivered by email (with confirmation of receipt) or three business days after mailing by registered or certified mail.

14. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Aquatic Safety Canada Inc. [Insert Physical Address] Email: [Insert Email Address] Phone: [Insert Phone Number]