Terms of Service

1. Introduction

Welcome to CanCertify ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of the CanCertify platform, including our website at cancertify.ca, web application, APIs, and all related services (collectively, the "Service").

CanCertify is a Canadian compliance certification management platform that helps businesses navigate regulatory requirements through AI-powered recommendations, gap analysis, and document preparation.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. The Service is designed for use by Canadian businesses and professionals, though it may be accessed from other jurisdictions.

4. Account Registration

4.1 Account Creation

To access certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding the password and any other credentials used to access your account. You agree not to share your account credentials with any third party. You must notify us immediately at hello@cancertify.com if you become aware of any unauthorized use of your account.

4.3 Account Responsibility

You are responsible for all activities that occur under your account, whether or not you have authorized such activities. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

5. User Responsibilities

When using the Service, you agree to:

• Comply with all applicable Canadian federal and provincial laws and regulations
• Provide accurate and truthful information about your business and compliance status
• Not use the Service for any unlawful, fraudulent, or malicious purpose
• Not attempt to interfere with, compromise, or disrupt the Service or its infrastructure
• Not reverse-engineer, decompile, or disassemble any part of the Service
• Not use automated systems (bots, scrapers) to access the Service without our prior written consent
• Not resell, sublicense, or redistribute the Service or any content generated by it without authorization

6. Service Description

6.1 Platform Features

CanCertify provides tools for compliance certification management, including but not limited to: compliance assessments, certification tracking, AI-powered gap analysis, document generation, form auto-fill, team collaboration, and compliance monitoring. Feature availability depends on your subscription plan.

6.2 AI-Generated Content

The Service uses artificial intelligence to generate recommendations, documents, and analysis. While we strive for accuracy, AI-generated content is provided for informational purposes only and does not constitute legal, regulatory, or professional compliance advice. You are responsible for reviewing all AI-generated content before use and for ensuring it meets your specific regulatory requirements.

6.3 Not Legal Advice

CanCertify is not a law firm, and the Service does not provide legal advice. The information and tools provided through the Service are for general guidance only. You should consult with qualified legal and compliance professionals for advice specific to your situation.

7. Subscription Plans and Billing

7.1 Plans

The Service is offered through the following subscription plans:

• Starter (Free) — Basic compliance assessment and limited certification tracking at no cost
• Growth ($149/month) — Full certification tracking, AI gap analysis, document generation, and priority support
• Business ($349/month) — Multi-user access, advanced analytics, dedicated account manager, and quarterly compliance reviews
• Enterprise (Custom pricing) — Custom configurations, unlimited team seats, SSO, API access, dedicated infrastructure, and SLA guarantees

7.2 Free Trial

Paid plans include a 14-day free trial. During the trial period, you have full access to all features of your selected plan. If you do not cancel before the trial period ends, your subscription will automatically convert to a paid plan and you will be charged the applicable subscription fee.

7.3 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select. All prices are quoted in Canadian dollars (CAD) unless otherwise stated. Payment is processed through our third-party payment provider. You agree to provide accurate and complete billing information.

7.4 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' written notice before any price increase takes effect. Price changes will apply to the next billing cycle following the notice period.

7.5 Refunds

Subscription fees are generally non-refundable, except as required by applicable Canadian consumer protection laws. If you cancel your subscription, you will retain access to the Service until the end of your current billing period.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, and other content provided by CanCertify, is owned by or licensed to us and is protected by Canadian and international intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property without our prior written consent.

8.2 Your Content

You retain ownership of all data, documents, and content that you upload to or create through the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, worldwide license to use, process, and store Your Content solely for the purpose of providing and improving the Service.

8.3 Generated Documents

Documents and content generated by the Service using your data belong to you. You may use, modify, and distribute such generated documents for your business purposes. However, the underlying templates, algorithms, and AI models used to generate such content remain our intellectual property.

8.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

9. Data Usage and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. Please review our Privacy Policy carefully before using the Service.

10. Confidentiality

We understand that the information you provide through the Service may be confidential and commercially sensitive. We commit to treating your business data, compliance information, and documents with the same level of care we apply to our own confidential information. We will not disclose your confidential information to third parties except as necessary to provide the Service, as required by law, or with your prior consent.

11. Service Availability and Modifications

11.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

11.2 Modifications

We reserve the right to modify, update, or discontinue any feature of the Service at any time. We will provide reasonable notice of material changes that may affect your use of the Service.

12. Limitation of Liability

To the maximum extent permitted by applicable law, CanCertify and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service
• Any loss of data, revenue, profits, or business opportunities
• Any damages resulting from unauthorized access to or alteration of your data
• Any regulatory penalties, fines, or enforcement actions resulting from your reliance on the Service

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the total amount you paid to us in the twelve (12) months preceding the claim.

13. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or uninterrupted, or that any defects will be corrected.

14. Indemnification

You agree to indemnify, defend, and hold harmless CanCertify and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us at hello@cancertify.com or through your account settings. Upon termination, your access to the Service will cease at the end of your current billing period.

15.2 Termination by Us

We may suspend or terminate your account at any time if we reasonably believe that you have violated these Terms, engaged in fraudulent activity, or if required by law. We will provide reasonable notice where possible.

15.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will retain your data for 30 days following termination, during which you may request an export of your data. After this period, your data will be permanently deleted in accordance with our Privacy Policy.

16. Governing Law and Dispute Resolution

16.1 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.

16.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration administered in Toronto, Ontario, in accordance with the Arbitration Act, 1991 (Ontario).

16.3 Jurisdiction

For any matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and CanCertify regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, government actions, pandemics, or internet service disruptions.

18. Changes to These Terms

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, where appropriate, by sending you an email notification. Your continued use of the Service after any changes take effect constitutes your acceptance of the revised Terms.

19. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: hello@cancertify.com
• Website: cancertify.ca
• Address: Toronto, Ontario, Canada