Last Updated: FEBRUARY 2025

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HYPERWEB COMMUNICATIONS INC., (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT. CERTAIN PORTIONS OF THE PLATFORM MAY BE SUBJECT TO "OPEN SOURCE" OR "FREE SOFTWARE LICENSES". SUCH COMPONENTS WILL BE GOVERNED BY THE TERMS OF THEIR RESPECTIVE TERMS OF USE AND NOT BY THESE TERMS.

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (WHEREVER APPLICABLE) (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND HYPERWEB COMMUNICATIONS INC., OPERATING AS HYPERWEB.CA, AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "HYPERWEB," "WE" OR "US") AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH HYPERWEB RELATED TO THE PLATFORM.

Hyperweb reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

Hyperweb is only providing the Platform for your business use without any promise of exclusivity. Hyperweb's customers, users, entrepreneurs, affiliate marketers, experts, and partners are not Hyperweb's employees, contractors, or representatives. Hyperweb is not responsible for any interactions between you and your customers, other than providing access to the Platform. Hyperweb is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.

1. Use of Platform
1.1. Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

    1.2 Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. If multiple parties claim to be the "owner" of a particular Platform account, Hyperweb will deem the owner to be the person who can demonstrate their ownership (in whole or in part) of the underlying business entity for which the Platform Account was created by providing government-issued documentation of such ownership. If Hyperweb is unable to determine the rightful owner of the Platform Account, Hyperweb reserves the right to suspend or terminate the Platform Account until the disputing parties have mutually agreed on ownership or until a court of competent jurisdiction in Ontario has ordered Hyperweb to grant access to a specific individual.

    1.3 Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms and all applicable Canadian federal and provincial laws and regulations. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that:

    (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms, including compliance with Canada's Anti-Spam Legislation (CASL) and the Personal Information Protection and Electronic Documents Act (PIPEDA);

    (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform;

    (iii) You are fully responsible for the use of the Platform by your customers;

    (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services;

    (v) You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms;

    (vi) You own or control all rights in and to all content you provide to Hyperweb, including, but not limited to, any code provided to customize the Platform for your customers;

    (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers;

    (viii) You will not give access to the Platform or Services to a direct Competitor of Hyperweb;

    (ix) You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms;

    (x) You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us); and

    (xi) You will not remove any proprietary notices or labels

    1.4 Compliance: You will be solely responsible for your use of the Platform and Services, including:

    (a) The quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform;

    (b) Securing and maintaining proper insurance as required under Canadian law;

    (c) Compliance with all applicable Canadian federal and provincial laws and regulations including but not limited to PIPEDA, CASL, provincial privacy laws, and other data privacy laws. Hyperweb is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to PIPEDA, CASL, provincial privacy laws, and other similar laws and regulations.

    1.5 Privacy. By using the Platform and providing Information on or through the Platform, you consent to Hyperweb's use and disclosure of the Information in accordance with the Privacy Policy available at [Hyperweb.ca/privacy] and incorporated herein by reference. Our privacy practices comply with PIPEDA and applicable provincial privacy laws.

    1.6 Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Hyperweb immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Hyperweb reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Hyperweb's opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials. You give consent to Hyperweb to access and monitor your Platform Account and your customer's accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.

    1.7 Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice in Canadian Dollars (CAD). If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to Canada's Anti-Spam Legislation (CASL) and applicable provincial telecommunications laws. You represent and warrant that you understand and will comply with those laws. Hyperweb is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. Hyperweb is a technology platform communication service application provider ONLY. Hyperweb does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

    1.8 Third Party Services. You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to Hyperweb to share your data with the Third-Party Services providers in accordance with PIPEDA and applicable provincial privacy laws. You also represent and warrant that You have the appropriate consents for importing any data (including data of your customers) that you request Hyperweb to import from other Third-Party Services and/or are the rightful owner of such data.

    Hyperweb is not responsible for, and Hyperweb hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether Hyperweb endorses, approves, promotes, or supports any such Third-Party Services. You hereby irrevocably waive any claim against Hyperweb with respect to the content or operation of any Third-Party Services. Your use of the Third-Party Services is governed by Your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk. Hyperweb disclaims all liability related to outages or downtime of Third Party Services.

    1.9 Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Hyperweb. Hyperweb is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable Canadian federal and provincial laws.

    1.10 Excessive Use Restrictions; Trials. Hyperweb provides access to the Platform on a tiered-pricing basis, with all fees quoted in Canadian Dollars (CAD), and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Hyperweb's sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may:

    (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if Hyperweb's operational costs to support your Platform usage exceeds the subscription price;
    (2) suspend or terminate your use of the Platform or Services, and/or
    (3) reduce the amount of data you are able to use.

    1.11 Platform Updates. Hyperweb reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Hyperweb's future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.

    1.12 International Use. The Platform is operated from Canada and is intended for use by Canadian residents and businesses. If you are accessing the Platform from outside Canada, you do so at your own risk and are responsible for compliance with local laws in your jurisdiction. You acknowledge that the Platform and its content may not be appropriate or available for use in other locations.

    If you are in a country subject to Canadian economic sanctions or are a sanctioned person or entity under Canadian law, you are prohibited from using the Platform. Hyperweb makes no representation that materials on the Platform are appropriate or available for use outside Canada. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside Canada, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic sanctions and export control laws, rules and regulations, including without limitation the Export and Import Permits Act (Canada) and the Special Economic Measures Act (Canada) (collectively, "Export Control Laws").

    By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Services, or any software or technology that supports the Platform or your content, or the Platform Content violating any such Export Control Laws. Specifically, and without limitation, the Platform, the Services, or any software or technology that supports the Platform, or your content, or Platform Content may not be exported, transferred, or released to:

    (a) any country subject to Canadian economic sanctions
    (b) anyone included in Canadian sanctions lists or any other applicable restricted party lists

    You represent, warrant and covenant that:
    (i) You are not named on, or owned or controlled by any party named on, any Canadian government's (or other government's or international body's) list of persons or entities prohibited from receiving exports
    (ii) You are not a national of, located in, or an entity registered in any sanctioned jurisdiction
    (iii) You will not permit your users to access or use the Platform and/or Service or provide any services to any person(s) in violation of any Export Control Laws
    (iv) no user data created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws
    (v) You shall comply with all applicable laws regarding the transmission of technical data exported from Canada and the country in which You and Your Users are located

    1.13 Artificial Intelligence Acceptable Use Policy: Before using Artificial Intelligence ("AI") features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage and comply with all applicable Canadian federal and provincial regulations regarding AI use. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use policy which is attached hereto as Exhibit B, and in compliance with all applicable Canadian laws and regulations regarding artificial intelligence and automated decision-making.

    1.14 Domain Names. If you use the Platform to purchase a domain name, Hyperweb will purchase it on your behalf, and Hyperweb will be the listed registrant. You must use the domain name in compliance with these Terms and applicable Canadian laws and regulations, including CIRA (Canadian Internet Registration Authority) requirements for .ca domains. If requested by You in writing, Hyperweb will transfer the domain name to you. A transfer fee may apply. You agree to indemnify and hold Hyperweb harmless from any claim or demand, including reasonable attorneys' fees, arising from your use of such domain, including any breach of these Terms and any violations of applicable laws as it pertains to use of the domain name.

    1.15 Customer Account Transfer Requests. Hyperweb will not fulfill Sub-Account transfer requests made by your customers unless you have approved the transfer through our in-app transfer request process. Hyperweb will only fulfill transfers of Sub-Accounts without Your approval if: (i) the Sub-Account has attempted to seek your approval through the in-app transfer request process, (ii) you have failed to respond to the Customer for at least 30 days, and (iv) either (a) your Platform Account has been canceled by you or force-canceled for non-payment and not reactivated within 30 days, or (b) your Platform Account has been suspended or terminated due to your breach of these Terms.

    1.16 Security Testing. Hyperweb does not have a bug bounty program and does not pay bug bounties. Hyperweb prohibits any third party access to the Platform or any Hyperweb systems or networks, including any network penetration testing, security assessment or probing, except as expressly permitted by these Terms or as agreed to by Hyperweb in a separate written agreement. All security testing must comply with applicable Canadian cybersecurity laws and regulations.

    1.17 Certification Program. Hyperweb offers a certification subscription to individual users and enterprise-level customers who successfully complete the certification exams to indicate Platform expertise. Certification badges are unique to the individual who earned the badge and do not apply to the entire agency or anyone else in Your organization. You agree not to misrepresent certification badges on Your store, social media or the Platform. Certification badges do not constitute Hyperweb's endorsement, support, promotion, or affiliation with any particular individual. Hyperweb is not liable for any business you do or do not generate as a result of being certified.

    1.18 Ecommerce Products and Services. You are solely responsible for the Materials that you may sell through the Platform and/or Services (including description, price, fees, GST/HST calculations, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable Canadian federal and provincial laws or regulations, including but not limited to:

    • Consumer Protection Act (Ontario)
    • Competition Act (Canada)
    • Electronic Commerce Protection Regulations
    • Sale of Goods Act
    • Consumer Packaging and Labelling Act

    You acknowledge and agree to provide:

    • Public-facing contact information
    • Clear refund policy
    • Order fulfillment timelines
    • GST/HST registration number (if applicable)
    • Accurate pricing in Canadian Dollars (CAD)
    • Clear disclosure of all fees and charges
    • Language compliance for Quebec customers (if applicable)
    1. White Labeling and Resale MAP Policy

    2.1 Resale Restrictions. When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries in accordance with Canadian consumer protection laws. If Hyperweb determines, in its sole discretion, that you are consistently and repeatedly failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we reserve the right to exercise our ability to terminate your Platform Account.

    2.2 Minimum Advertised Price. If you are authorized to white-label and resell access to the Platform, You cannot advertise access to the Core Platform for an effective price that is less than the Standard Prices offered by Hyperweb (the "MAP Policy"). All prices must be displayed in Canadian Dollars (CAD). The "Core Platform" is defined as a combination of 2 or more of the following Platform features:

    (i) Funnel and Website Builder
    (ii) Forms
    (iii) Surveys
    (iv) Customer Relationship Manager
    (v) Email Builder
    (vi) Calendars
    (vii) Automation workflows

    2.3 Lifetime Licenses Restriction. Subscription fees for access to the Platform or any standalone Platform features must be charged on a recurring basis (i.e. monthly, annually, etc.). It is a violation of these Terms to resell lifetime access to the Core Platform or any standalone features of the Platform for a one-time fee unless you have a prior written approval from Hyperweb. Hyperweb reserves the right to grant exceptions and revoke any such exceptions to this restriction in its sole discretion.

    2.4 White Label License and Restrictions.

    2.4.1 License to White Label. Subject to your continued compliance with these Terms and applicable Canadian intellectual property laws, we hereby grant you a limited, non-exclusive, non-transferable and revocable license to use the Platform including the design and trade-dress, as may be reasonably required for re-branding and reselling access to the Platform under your own white-label brand. Any license granted to You under this Section will automatically terminate upon a breach of this license or the Terms or a violation of the restrictions set forth below.

    2.4.2 Restrictions. You are prohibited from:

    • Participating in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of the Platform or Services
    • Violating the Canadian Competition Act or other consumer protection legislation
    • Acquiring any rights in the Platform or any of its components
    • Representing yourself as a Hyperweb employee
    • Directing your customers to contact Hyperweb for any reason
    • Directly or indirectly soliciting existing Hyperweb customers
    • Distributing marketing collateral that directly compares Hyperweb's product to your white-label version
    1. Payment and Taxes

    3.1 Fees and Auto-Renewal. All fees are quoted in Canadian Dollars (CAD) and are subject to applicable taxes. Your use of the Platform is subject to the timely payment of your and your customers' Fees. Fees may include, but are not limited to:

    • Subscription fees
    • Communication Surcharges
    • Add-on service fees
    • Usage-based fees
    • Applicable GST/HST
    • Provincial sales tax (where applicable)

    3.2 Tax Obligations. All Fees are exclusive of any applicable taxes unless otherwise stated. You are responsible for:

    • GST/HST (where applicable)
    • Provincial sales tax
    • Any other applicable taxes or government charges

    If you are GST/HST registered, you must provide your GST/HST registration number. You are responsible for determining whether you need to charge GST/HST or other taxes to your customers and for collecting and remitting such taxes to the appropriate authorities.

    3.3 Payment Processing. Payment processing is conducted through secure, PCI-compliant payment processors. All payment information must be accurate and complete. Payments will be processed in Canadian Dollars (CAD). For customers outside Canada, currency conversion rates and fees may apply.

    3.4 Late Payments and Payment Disputes. If your payment is declined, we will:

    • Re-attempt to charge the card on file for 7 business days
    • May suspend or terminate your account for non-payment
    • May require alternative payment methods
    • May pursue legal action to collect outstanding balances

    In the event of payment disputes:

    • You must notify us within thirty (30) days of the invoice date
    • Continue paying all undisputed charges
    • Cooperate in good faith to resolve the dispute
    • Be responsible for any collection costs, including legal fees
    1. Intellectual Property Rights

    4.1 Platform Content. The Platform and Platform Content are the property of Hyperweb or its licensors and are protected by Canadian intellectual property laws, including:

    • Copyright Act (Canada)
    • Trade-marks Act (Canada)
    • Industrial Design Act (Canada)
    • Patent Act (Canada)

    4.2 Hyperweb Marks and Advertisements. Hyperweb's name, logo, or Marks (including but not limited to Hyperweb Communications Inc., Hyperweb.ca) are trademarks and service marks of Hyperweb and may not be used without advance written permission of Hyperweb. Use of these marks is governed by Canadian trademark law and international trademark conventions to which Canada is a party.

    4.3 User Contributions. User Contributions are considered non-confidential and non-proprietary. You grant Hyperweb, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling Hyperweb's obligations under these Terms, subject to Canadian privacy laws and PIPEDA requirements.

    1. Privacy and Data Protection

    5.1 Compliance with Privacy Laws. Hyperweb commits to protecting personal information in accordance with:

    • Personal Information Protection and Electronic Documents Act (PIPEDA)
    • Provincial privacy laws where applicable
    • Canada's Anti-Spam Legislation (CASL)

    5.2 Data Collection and Use. We collect and use personal information as described in our Privacy Policy, available at [Hyperweb.ca/privacy]. Our practices include:

    • Obtaining meaningful consent for collection, use, and disclosure of personal information
    • Limiting collection to what is necessary for identified purposes
    • Protecting information with appropriate security safeguards
    • Providing individuals with access to their personal information

    5.3 Data Storage and Transfer. Personal information collected by Hyperweb is:

    • Primarily stored on servers located in Canada
    • Protected by appropriate security measures
    • Subject to our data retention policies
    • Handled in compliance with Canadian data protection requirements
    1. Dispute Resolution

    6.1 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 giving effect to any choice or conflict of law provision or rule.

    6.2 Jurisdiction and Venue. Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts.

    6.3 Alternative Dispute Resolution. Before commencing any legal action, parties agree to:

    • Attempt to resolve disputes through good faith negotiations
    • Participate in mediation through the ADR Institute of Canada if negotiation fails
    • Consider arbitration as an alternative to litigation

    The arbitration shall be conducted in Ontario, Canada, in accordance with the Arbitration Act (Ontario).

    1. Disclaimers and Limitations

    7.1 General Disclaimers. Subject to Canadian consumer protection laws and regulations:

    HYPERWEB MAKES NO GUARANTEES THAT YOUR BUSINESS WILL BE PROFITABLE OR THAT YOU WILL MAKE MONEY USING THE PLATFORM OR THE SERVICES. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

    This disclaimer is subject to the provisions of the Consumer Protection Act (Ontario) and similar provincial legislation, which may provide you with certain legal rights, conditions, warranties, or undertakings regarding the Platform. Nothing in these Terms excludes, restricts, or modifies any condition, warranty, right, or remedy implied or imposed by any applicable Canadian law if doing so would contravene that law or make any part of these Terms void.

    7.2 Limitation of Liability. To the maximum extent permitted under applicable Canadian law:

    Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability, in Canadian Dollars (CAD).

    IN NO EVENT SHALL HYPERWEB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM:

    • Loss of use, data, or profits
    • Business interruption
    • Any unauthorized access to or use of our servers
    • Any interruption or cessation of transmission to or from the Platform
    • Any bugs, viruses, or other harmful code that may be transmitted through the Platform
    1. Communications and Notices

    8.1 Electronic Communications. In accordance with Canada's Anti-Spam Legislation (CASL):

    • All notices to parties shall be in writing and sent via email
    • Notices to Hyperweb must be sent to: [Insert Hyperweb's designated email]
    • Our primary business address is: 2192 Emily Circle, Oakville, ON, Canada. L6M 0E5

    8.2 CASL Compliance. All electronic communications from Hyperweb will:

    • Include clear identification of the sender
    • Provide a clear unsubscribe mechanism
    • Honor unsubscribe requests within 10 business days
    • Include our valid physical postal address
    1. Term and Termination

    9.1 Duration. These Terms remain in effect while you maintain a Platform Account or use our Services.

    9.2 Termination Rights. Hyperweb may terminate or suspend your access to the Platform:

    • For breach of these Terms
    • For violation of applicable Canadian laws
    • For non-payment of fees
    • At our sole discretion, with or without cause
    • Upon receipt of orders from Canadian law enforcement or regulatory authorities

    9.3 Effect of Termination. Upon termination:

    • All licenses granted herein will immediately terminate
    • You must cease all use of the Platform
    • You remain liable for all fees incurred before termination
    • You must delete or return all confidential information
    • Certain provisions of these Terms will survive termination
    1. Contact Information and Legal Notices

    All legal notices to Hyperweb must be sent to:

    Hyperweb Communications Inc.
    2192 Emily Circle
    Oakville, ON, Canada
    L6M 0E5

    For all other inquiries:

    1. Definitions

    11.1 "Platform" means any Services, Training, content, functionality, communication channels, and software or other services or features offered through Hyperweb.ca or our mobile applications.

    11.2 "Services" means the variety of product integrations and services that Hyperweb makes available on the Platform. All fees for Services are quoted in Canadian Dollars (CAD).

    11.3 "Information" means data about You and Your customers that Hyperweb collects on the Platform, subject to PIPEDA and applicable provincial privacy laws.

    11.4 "Communication Surcharges" means any applicable communications service or telecommunication provider fees or surcharges related to your use of the Platform, subject to Canadian telecommunications regulations.

    11.5 "User Contributions" means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Hyperweb directly.

    EXHIBIT A - CODE OF CONDUCT

    The following are considered Prohibited Uses of the Platform and may result in immediate termination:

    1. Legal Compliance
    • Violation of any Canadian federal or provincial laws
    • Non-compliance with CASL requirements
    • Violation of PIPEDA or provincial privacy laws
    • Violation of Canadian consumer protection laws
    • Non-compliance with Canadian advertising standards
    1. Content Restrictions
    • Hate speech as defined by Canadian law
    • Content that violates Canadian Human Rights legislation
    • Discriminatory content based on protected grounds under Canadian law
    • Sexually explicit or violent content
    • Fraudulent or deceptive content
    1. Security and Technical
    • Unauthorized penetration testing
    • Introduction of malicious code
    • Attempts to compromise Platform security
    • Excessive use of Platform resources
    • Unauthorized automated access

    EXHIBIT B - ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY

    1. Compliance Requirements
    • Adherence to Canadian AI and automated decision-making regulations
    • Compliance with Canadian privacy laws regarding AI use
    • Proper disclosure of AI usage to end users
    • Ethical AI use guidelines
    1. Prohibited AI Uses
    • Automated decisions affecting legal rights without human oversight
    • Discriminatory AI applications
    • AI-generated content that violates Canadian law
    • Unauthorized personal data processing through AI
    1. Data Protection Requirements
    • PIPEDA compliance for AI data processing
    • Transparency in AI decision-making
    • Right to human intervention in AI decisions
    • AI data security requirements

    EXHIBIT C - ELECTRONIC COMMERCE AND SIGNATURES

    In accordance with Canada's Electronic Commerce Protection Regulations and Provincial Electronic Commerce Acts:

    1. Electronic Documents and Signatures
    • These Terms may be executed electronically
    • Electronic signatures are binding pursuant to the Personal Information Protection and Electronic Documents Act (PIPEDA)
    • Electronic records of these Terms shall be considered original documents
    • Parties consent to conducting business electronically
    1. Record Retention
    • Electronic records will be maintained in accordance with Canadian law
    • Records will be stored in a manner that preserves their integrity
    • Records will be accessible for future reference
    • Retention periods comply with Canadian business record requirements