Terms & Conditions (EN)

These Terms & Conditions (the “Terms”) form a binding agreement between Data Solutions, Inc., a Canadian corporation with a principal office at 83 Vivians Crescent, Brampton ON, L6Y 4V2, Canada (“Company,” “we,” “us,” or “our”) and the entity or individual accepting these Terms (“Customer,” “you,” or “your”). If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization.

By creating an account, executing an order form, clicking “accept,” or using the Services, you agree to these Terms.

1. Scope; Document Stack & Order of Precedence

Services.

We provide software-as-a-service products, websites, and related services, including support and professional services, as further described in an applicable order form or on our website (collectively, the “Services”).

Document Stack.

The following documents govern your use of the Services and are incorporated by reference (together, the “Agreement”):

• Any mutually executed Order Form (if applicable),
• This Terms & Conditions,
• the Data Processing Addendum (DPA) (including Annexes),
• Security Measures (Annex II),
• Sub‑processor List (Annex III),
• U.S. State Privacy Addendum (CPRA/CCPA),
• Cookies Notice, and
• our Privacy Policy.

Precedence.

In case of conflict, the Order Form controls, then the DPA, then these Terms, then the other documents listed above.

2. Roles; Customer Data; Data Protection

Roles.

For our own operations (websites, billing, account administration, marketing, recruiting) we act as a controller. For processing personal information on your instructions in connection with the Services, we act as your processor/service provider as set out in the DPA.

Customer Data.

“Customer Data” means data (including personal information) that you or your users submit to the Services or provide for processing on your behalf. You retain all rights in Customer Data. You grant us, our affiliates, and subprocessors a non‑exclusive, worldwide, royalty‑free license to host, copy, process, transmit, and display Customer Data solely as necessary to provide and support the Services and to comply with law.

Sensitive Data.

The Services are not designed to process sensitive personal information unless expressly agreed in writing. If you choose to submit such data, you are responsible for obtaining all necessary rights and consents.

Privacy & DPA.

The DPA (with SCCs/UK Addendum where applicable) forms part of this Agreement and governs our processing of personal information as your processor/service provider, including audit rights, deletion/return on termination, breach notification, and international transfers.

No Sale/Share.

We do not sell personal information or share it for cross‑context behavioral advertising; we honor Global Privacy Control (GPC) signals where required.

Usage Data & De‑identification.

We may process aggregated and de‑identified information and Service telemetry to operate, secure, and improve the Services. We will not attempt to re‑identify such data and will maintain safeguards to prevent re‑identification.

3. Accounts; Authorized Users; Acceptable Use

You are responsible for (a) your account information's accuracy; (b) maintaining the confidentiality of credentials; and (c) all activities under your accounts. You will ensure your Authorized Users comply with the Agreement.

Acceptable Use.

You and your users will not: (i) reverse engineer, decompile, or attempt to derive source code (except to the extent permitted by law); (ii) circumvent technical controls or usage limits; (iii) use the Services to infringe, violate, or misappropriate rights; (iv) submit malicious code or interfere with the operation of the Services; (v) use the Services for unlawful, harmful, or high‑risk activities; or (vi) resell or provide the Services to third parties except as expressly permitted in an Order Form.

4. Access Grant; Feedback; IP Ownership

License.

Subject to the Agreement, we grant you a non‑exclusive, non‑transferable, limited right to access and use the Services during the Subscription Term for your internal business purposes.

Feedback.

You may provide suggestions or feedback. We may use feedback without restriction or obligation.

IP.

Except for the limited rights expressly granted to you, we retain all rights, title, and interest in and to the Services and our technology, including all intellectual property rights.

5. Subscriptions; Trials; Auto‑Renewal; Changes

Subscription Term.

Subscriptions are purchased for the term stated in the Order Form (monthly or annual) and automatically renew for successive terms unless you cancel prior to renewal, as described below.

Trials/Beta.

Trial access is provided as‑is and may convert to paid at the disclosed price and cadence after the stated trial period. Beta or preview features may change, may not be suitable for production, and may be discontinued.

Disclosures & Cancellation.

We will clearly disclose trial length, post‑trial pricing, billing cadence, and how to cancel before you subscribe. You can cancel renewal at any time in account settings, effective at the end of the then‑current term.

Price/Feature Changes.

We may modify pricing or features on renewal. For paid plans, material adverse changes or price increases will be noticed at least 30 days in advance (unless required earlier by law or for security/abuse).

No Refunds.

Fees are non‑refundable except as expressly stated in the Agreement or required by law.

6. Fees & Taxes; Invoices; Late Payments

You agree to pay the fees specified in the Order Form or online checkout. Unless otherwise stated, fees are in U.S. dollars and exclude taxes. You are responsible for all applicable taxes, withholdings, duties, and government charges (excluding our income taxes). Undisputed overdue amounts may accrue interest at 1.5% per month (or the maximum allowed by law) and may result in suspension of the Services after reasonable notice.

7. Support; Service Levels; Maintenance

Support.

For paid plans, standard support is available 24×5 via web or email.

SLA.

We target 99.9% monthly availability for production Services, excluding scheduled maintenance and permitted downtime as defined in the SLA. Service credits are your sole remedy for SLA breaches.

Maintenance.

We may schedule maintenance windows and will provide notice (e.g., status page) at least 72 hours in advance where practicable. Emergency maintenance may occur with shorter or no notice.

8. Security

We implement administrative, technical, and physical safeguards appropriate to the risk, including MFA/SSO, encryption in transit and at rest, access controls, logging/monitoring, vulnerability management, secure SDLC, backups/DR, vendor risk management, and training. Where applicable, we maintain SOC 2 Type II and/or ISO/IEC 27001. No system is perfectly secure; we cannot guarantee absolute security.

Incident Response.

In the event of a personal data breach affecting Customer Data, we will notify you without undue delay and provide information required by applicable law and the DPA.

9. Third‑Party Services & Sub‑processors

The Services may interoperate with third‑party products or services (e.g., identity providers, analytics, messaging, data platforms). Your use of third‑party services is governed by their terms and privacy policies. We may use sub‑processors to provide the Services subject to the DPA. We will maintain and publish a list of current sub‑processors and provide advance notice of changes where contractually required.

10. Confidentiality

Each party will protect the other party's Confidential Information using reasonable measures and will use it solely to perform under the Agreement. Confidential Information excludes information that is public without breach, was known without duty, was independently developed, or is rightfully received from a third party. Disclosures required by law are permitted with prompt notice (where lawful) and reasonable cooperation.

11. Warranties; Disclaimers

We warrant that the Services will perform materially in accordance with the applicable documentation during a paid Subscription Term. Your exclusive remedy for breach of this warranty is repair, replacement, or a pro‑rated refund for the affected period if we cannot cure within a reasonable time.

Disclaimers.

Except as expressly stated, the Services and all related materials are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant that the Services will be uninterrupted, error‑free, or free of harmful components.

12. Indemnification

By Company.

We will defend and indemnify you from third‑party claims alleging that the Services infringe a U.S., Canadian, UK, or EU intellectual property right, and pay damages and costs finally awarded (or agreed in settlement) arising from such claims, subject to your prompt notice and cooperation. We may (i) modify the Services, (ii) procure rights, or (iii) terminate the impacted Services and refund prepaid, unused fees.

By Customer.

You will defend and indemnify us from claims arising from (i) your Customer Data or use of the Services in violation of the Agreement or law; or (ii) your combination of the Services with non‑Company products or services, in each case to the extent the claim would not have arisen but for such actions.

13. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages; loss of profits; loss of data; or business interruption, even if advised of the possibility. Except for (a) your payment obligations; (b) a party's breach of confidentiality; (c) infringement indemnity obligations; or (d) wilful misconduct or fraud, each party's total aggregate liability arising out of the Agreement will not exceed the amounts paid or payable by you for the Services giving rise to the claim in the 12 months preceding the event.

Some jurisdictions do not allow certain limitations; the above applies to the broadest extent permitted by applicable law.

14. Publicity

We may use your name and logo to identify you as a customer only with your prior consent (or as otherwise agreed in writing). You may opt out at any time by contacting info@datasolutionsinc.ca.

15. Export & Sanctions Compliance

You represent that you are not located in, under control of, or a national/resident of any country or person on a U.S., UK, EU, or Canadian sanctions or restricted party list and will not use the Services for prohibited end uses. We may suspend the Services to comply with trade laws.

16. Regional Terms & Consumer Law Savings

European Economic Area/UK/Switzerland.

Where GDPR/UK GDPR applies, we act as controller or processor as described in Section 2 and the DPA. For consumers, mandatory rights under local law are not limited by these Terms.

Canada (PIPEDA & Québec Law 25).

We comply with PIPEDA and substantially similar provincial laws. For adhesion contracts directed to Quebec residents, a French‑language version of these Terms is available and these Terms are also provided in English at your request.

United States (State Privacy Laws).

We provide a Notice at Collection, do not sell/share personal information for cross‑context behavioral advertising, honor GPC signals, and provide required opt‑outs and appeals paths as described in our Privacy Policy.

Auto‑renewal & Cooling‑off.

Where required by law (e.g., EU consumer law), we provide statutory withdrawal/cooling‑off rights and renewal reminders.

17. Dispute Resolution; Governing Law; Venue

U.S. B2B Customers.

Any dispute arising out of or relating to the Agreement will be resolved by binding arbitration administered by JAMS in New York County, New York, under the JAMS Comprehensive Arbitration Rules. The language of the arbitration is English. Either party may bring a claim in small‑claims court in New York County for disputes within that court's jurisdiction.

Outside the U.S. and Consumers.

Mandatory arbitration and class‑action waivers apply only to the extent permitted by local law. Where not permitted, disputes may be brought in the courts of your habitual residence. These Terms do not deprive you of non‑waivable consumer rights.

Class Actions.

To the extent permitted by law, both parties waive the right to participate in class or representative actions.

Governing Law.

For U.S. B2B customers, New York law governs, excluding conflicts rules. For consumers in the EU/UK/Canada, the mandatory consumer protection laws of your place of residence apply, and these Terms are construed accordingly.

18. Term; Suspension; Termination

These Terms remain in effect while you access the Services. We may suspend the Services immediately for non‑payment, security risks, abuse, or violations of law or the Agreement. Either party may terminate for material breach not cured within 30 days after written notice. Upon termination or expiry, you must stop using the Services; we will delete or return Customer Data per the DPA and our retention policies.

19. Updates to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes to key commercial terms or privacy/security obligations, provide advance in‑product or email notice at least 15 days before the effective date (30 days for price increases), unless earlier changes are required by law or for security.

20. Notices; Contact

Notices under the Agreement must be in writing and will be deemed given when sent by email with confirmation, courier, or certified mail to the addresses in the Order Form or your account.

Contact Us: privacy@datasolutionsinc.ca | +1‑647-449-9073 | 83 Vivians Crescent, Brampton ON, L6Y 4V2 Canada.

21. Language; Accessibility

English controls. The English version of these Terms controls to the extent permitted by law. A French (Canada) version is provided below and for Quebec compliance. If you need these Terms in an alternative format, contact us.

Bilingual clause (Canada): The parties have expressly required that these Terms and all related documents be drawn up in English. Les parties ont expressément exigé que les présentes conditions et tous les documents s'y rattachant soient rédigés en anglais.

22. Miscellaneous

This Agreement constitutes the entire agreement between the parties regarding the Services and supersedes prior agreements on the subject. Neither party may assign the Agreement without the other's consent, except to an affiliate or in connection with a merger, acquisition, or sale of assets (with notice). If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable; the remainder will remain in full force. No waiver is effective unless in writing. There are no third‑party beneficiaries except as expressly stated.

Conditions générales (FR‑CA)

Dernière mise à jour : September 22, 2025

Les présentes conditions générales (les « Conditions ») constituent un contrat entre Data Solutions, Inc., société dûment constituée selon les lois de Ontario et ayant son siège au 83 Vivians Crescent, Brampton, ON, L6Y 4V2, Canada (« Société », « nous », « notre ») et l'entité ou la personne qui accepte les présentes Conditions (« Client », « vous », « votre »). Si vous acceptez les présentes au nom d'une organisation, vous déclarez et garantissez avoir le pouvoir de l'engager.

En créant un compte, en signant un bon de commande, en cliquant sur « Accepter » ou en utilisant les Services, vous acceptez les présentes Conditions.