Terms of Service
By accessing or using Cyanic Job Book (the “Service”) you agree to these Terms of Service. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
Services and Access
- We provide the Service on a subscription basis as described in your order form or agreement.
- We will use commercially reasonable efforts to keep the Service available and to provide implementation and technical support as outlined below.
- You are responsible for the equipment, software, and internet access needed to use the Service and for maintaining the security of your accounts and passwords.
Acceptable Use
You will not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service; create derivative works except where expressly permitted; remove proprietary notices; use the Service for timesharing, service bureau, or competitive purposes; or use the Service in violation of any applicable law. We may monitor use and suspend access if we believe these terms are violated.
Confidentiality and Proprietary Rights
Each party may receive confidential or proprietary information from the other. The receiving party will protect that information with reasonable care and use it only to perform under these terms. These obligations do not apply to information that is public, already known, independently developed, rightfully received without restriction, or required to be disclosed by law.
You own your data. We own and retain all rights in the Service and related software, documentation, enhancements, and intellectual property. We may collect and use aggregated or de-identified data to maintain and improve our services.
QuickBooks Online Integration
If you choose to connect the Service to your QuickBooks Online account, you authorize us to access and use your QuickBooks Online data through Intuit’s APIs as permitted by Intuit and by you.
We may access and process only the QuickBooks Online data reasonably necessary to provide the integration features you enable (for example, customers/sub-customers, service items, tax codes, invoices, and time entries) and may create or update corresponding records in QuickBooks to match Job Book. Re-syncs may overwrite or recreate QuickBooks records previously created by the integration.
You can revoke our access to your QuickBooks Online account at any time by disconnecting the app within QuickBooks Online or within the Service (where applicable). Disconnecting will stop future syncing but will not automatically delete any data that has already been imported into or created within the Service.
Fees and Payment
You will pay the fees set out in your order form or agreement. If your usage exceeds the amounts included in your plan, additional fees may apply. We may change fees at the end of a term with at least 30 days’ notice. Invoices are due within 30 days unless otherwise stated. Late amounts may accrue interest up to 1.5% per month (or the maximum allowed by law). You are responsible for taxes associated with the Service.
Term, Renewal, and Termination
Subscriptions run for the initial term stated in your order form and renew for successive terms of the same length unless either party gives at least 30 days’ notice before the end of the current term. Either party may terminate for material breach on 30 days’ notice (immediately for non-payment). You remain responsible for fees through the end of the Service period. Upon termination we may delete stored data; sections that by their nature should survive will continue to apply.
Support
We provide reasonable technical support to your designated contacts during regular business hours (9:00 am-5:00 pm Mountain Time on weekdays, excluding statutory holidays). Response targets are commercially reasonable efforts and may vary due to maintenance or events beyond our control.
Warranty Disclaimer
We will use reasonable efforts to maintain the Service and perform implementation in a professional manner, but the Service is provided “as is.” We do not warrant that the Service will be uninterrupted or error-free or that results will meet your requirements. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Indemnification
You will defend, indemnify, and hold harmless Cyanic Automation Ltd., its affiliates, officers, directors, employees, contractors, and agents from third-party claims arising out of or related to your use of the Service, your data, or your breach of these terms, including reasonable attorneys’ fees and costs.
Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages, or for loss of revenue, profits, data, or business opportunities, even if advised of the possibility. Except for unpaid fees, confidentiality violations, or liability that cannot be limited by law, each party’s total liability is limited to the fees paid by you for the Service in the 12 months preceding the event giving rise to the claim.
Governing Law and Miscellaneous
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Any disputes arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Alberta, Canada, and each party submits to the personal jurisdiction of those courts.
You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to any affiliate.
These Terms, together with any order form or agreement that references them, constitute the entire agreement between you and Cyanic Automation Ltd. regarding the Service and supersede all prior or contemporaneous agreements, proposals or representations, whether written or oral, concerning its subject matter. Our failure to enforce any provision will not be a waiver of that provision or any other provision.
Changes to These Terms
We may update these Terms of Service from time to time. Continued use of the Service after changes become effective constitutes acceptance of the revised terms.
Contact
For questions about these terms, please contact:
Cyanic Automation Ltd.
Suite 211, 9650 20 Ave
Edmonton, Alberta, Canada T6N 1G1
Tel: 780-328-2400
Email: [email protected]