SmartSRED

These Terms of Use (the "Agreement") establish a legally binding agreement between SmartSRED Inc. ("SmartSRED") and the user ("User") accessing, using, or interacting with the SmartSRED Platform Resources and Services ("Platform Contents"). By accessing or using the Platform Contents, the User acknowledges and agrees to comply with these Terms of Use, as amended from time to time.

General Use and Access

Authorized Use

The Platform Contents are provided solely for informational purposes. Users must comply with applicable laws and these Terms of Use when accessing the Platform Contents.

Restrictions

Users may not:

• Access or use the Platform Contents for monitoring availability, performance, functionality, or for benchmarking or competitive purposes.
• Access the Platform Contents if they are direct competitors of SmartSRED, unless they obtain prior written consent from SmartSRED.
• Sell, sublicense, rent, or redistribute Platform Contents.
• Reverse-engineer, modify, or copy Platform Contents.
• Conduct penetration testing or security assessments without prior written approval from SmartSRED.
• Use the Platform Contents to transmit malware or unauthorized content.

Geographic Restrictions

The Platform Contents are only accessible to users in Canada and the United States unless otherwise approved by SmartSRED.

Access Suspension

SmartSRED reserves the right to restrict, suspend, or terminate access to the Platform Contents without prior notice in cases of violations of these Terms of Use, security concerns, regulatory requirements, or system maintenance.

User Accounts and Responsibilities

Account Registration

Users must register an account to access the Platform Contents. SmartSRED will issue unique login credentials to authorized users ("Permitted Users").

Account Security

Users are responsible for maintaining the confidentiality of their credentials and ensuring account security. SmartSRED is not responsible for unauthorized access due to user negligence.

Data Accuracy

Users are responsible for the accuracy and completeness of the information they submit to the Platform Contents.

Ownership and Intellectual Property

User Data Ownership

Users retain ownership of the data they submit ("User Data"). However, by submitting data, Users grant SmartSRED a non-exclusive, royalty-free license to use, process, and store User Data for the purpose of improving the Platform Contents.

SmartSRED Property

SmartSRED retains all ownership rights in the Platform Contents, including software, aggregated data, analytics, and reports generated from it.

Feedback

Users grant SmartSRED the right to use any feedback, suggestions, or recommendations provided, without compensation or obligation.

Privacy and Compliance

SmartSRED adheres to applicable privacy laws, including PIPEDA and Alberta's Personal Information Protection Act (PIPA). SmartSRED's privacy policy is available at info@smartsred.ca.

Email Communications and CASL Compliance

Use of Email Services

SmartSRED may send emails related to account management, project tasks, compliance updates, and funding opportunities.

User Consent

By using the Platform Contents, Users consent to receiving email communications. SmartSRED complies with Canada's Anti-Spam Legislation (CASL) and provides opt-in consent for marketing communications, with an option to unsubscribe at any time.

Security Measures

SmartSRED implements reasonable security protocols for email communication; however, Users are responsible for safeguarding their email credentials.

Disclaimers and Limitations of Liability

No Warranty

The Platform Contents are provided "as is" without warranties of any kind. SmartSRED does not guarantee uninterrupted access or data accuracy.

User Responsibility

Users are solely responsible for verifying any information obtained from the Platform Contents before making business or financial decisions.

Limitation of Liability

SmartSRED's liability is limited to the amount paid by the User in the past 12 months. SmartSRED is not liable for indirect, incidental, or consequential damages.

Data Backup

SmartSRED is not responsible for backing up User Data. Users must maintain their own copies of any essential information.

Termination and Modifications

Termination

SmartSRED may terminate access to the Platform Contents for violations of this Agreement.

Amendments

SmartSRED reserves the right to modify these Terms of Use at any time. Continued use of the Platform Contents constitutes acceptance of the revised terms.

Survival

Sections related to ownership, liability, and privacy shall survive termination of this Agreement.

Governing Law

This Agreement is governed by the laws of Alberta, Canada. Any disputes shall be resolved in Alberta courts.

By using the Platform Contents, Users agree to these Terms of Use and acknowledge their responsibilities.