Terms of Service

1. Acceptance of Terms

By accessing or using our Website, you confirm that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legal agreement between you and DigitalNova, a company registered in Canada with its registered address at 2250 King Street East, Toronto, ON M5A 1K0.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

2. Services Description

DigitalNova provides various digital services, including but not limited to web development, mobile application development, digital marketing, data analytics, cloud solutions, and cybersecurity services ("Services"). The specific details of the Services will be outlined in separate agreements or statements of work agreed upon by both parties.

3. User Accounts

Some portions of our Website or Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information when creating or updating your account
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Intellectual Property

4.1 Our Intellectual Property

The Website and its original content, features, and functionality are owned by DigitalNova and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Unless otherwise indicated, all logos, service marks, trade names, and trademarks displayed on the Website are the property of DigitalNova or its licensors and may not be used without our prior written permission.

4.2 License to Use Website

Subject to these Terms, DigitalNova grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal or internal business purposes. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website
• Use the Website for any commercial purpose without our express written consent
• Use any data mining, robots, or similar data gathering or extraction methods
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
• Use any meta tags or any other "hidden text" utilizing our name or trademarks

4.3 User Content

By submitting, posting, or displaying content on or through our Website ("User Content"), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in any existing or future media.

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content
• Your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person

5. Prohibited Uses

You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:

• In any way that violates any applicable federal, provincial, or local law or regulation
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
• To impersonate or attempt to impersonate DigitalNova, a DigitalNova employee, another user, or any other person or entity
• To engage in any other conduct that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
• To attack the Website via a denial-of-service attack or a distributed denial-of-service attack
• To otherwise attempt to interfere with the proper working of the Website

6. Third-Party Websites and Content

The Website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge and agree that we are not responsible or liable for:

• The availability or accuracy of such websites or resources
• The content, products, or services on or available from such websites or resources
• Any damage or loss caused or alleged to be caused by or in connection with the use of such content, products, or services available on or through those websites or resources

7. Payment Terms

For Services requiring payment, the following terms apply:

• All fees are quoted in Canadian dollars and are exclusive of applicable taxes unless otherwise stated
• Payment terms will be specified in the applicable service agreement or statement of work
• Late payments may be subject to late fees or interest charges as permitted by law
• We reserve the right to suspend or terminate access to Services for non-payment

8. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGITALNOVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THE WEBSITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DIGITALNOVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DIGITALNOVA DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAILS SENT FROM DIGITALNOVA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIGITALNOVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITALNOVA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE
• ANY CONTENT OBTAINED FROM THE WEBSITE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN ANY EVENT, DIGITALNOVA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR USING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless DigitalNova, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

11. Governing Law and Jurisdiction

These Terms and any separate agreements whereby we provide you Services 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.

Any legal action or proceeding relating to your access to, or use of, the Website or these Terms shall be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the jurisdiction of such courts in any such action or proceeding.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while preserving its intent or, if that is not possible, severed from these Terms without affecting the validity and enforceability of the remaining provisions.

13. Waiver

No waiver by DigitalNova of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by DigitalNova to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and DigitalNova concerning the Website and supersede all prior or contemporaneous communications, understandings, or agreements between you and DigitalNova regarding the Website.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

16. Contact Us

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