Terms and Conditions for 3Innovative Inc.

Last Updated: May 8, 2025

Introduction

Welcome to 3Innovative Inc. These Terms and Conditions govern your use of our website (https://3innovative.com), mobile applications, software products, and services (collectively referred to as the "Services").

By accessing or using our Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access or use our Services.

Definitions

  • "Company" refers to 3Innovative Inc., located in Ontario, Canada.
  • "Services" refers to our website, mobile applications, custom software development services, and SaaS products.
  • "User" refers to individuals or entities that access or use our Services.
  • "Client" refers to individuals or entities that purchase or contract our Services.
  • "Content" includes text, images, graphics, logos, videos, audio, and software.

Use of Services

Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Be responsible for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to disable any user account at our sole discretion, without notice, for any reason, including if we believe you have violated these Terms.

Acceptable Use

When using our Services, you agree not to:

  • Use our Services in any way that violates any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Transmit viruses, malware, or other harmful code
  • Interfere with or disrupt the integrity or performance of our Services
  • Attempt to gain unauthorized access to our systems or networks
  • Collect or harvest data from our Services without our consent
  • Engage in any activity that could harm, disable, or impair our Services

Service Terms

Custom Software Development

For custom software development services:

  • Services will be provided as specified in a separate Statement of Work (SOW) or contract
  • Timelines are estimates and may be subject to change based on project complexity
  • Changes to project scope may affect timelines and costs
  • Clients are responsible for providing necessary information and feedback in a timely manner
  • Acceptance criteria will be defined in the project documentation

SaaS Products

For Software-as-a-Service (SaaS) products:

  • Subscription terms, including pricing and billing cycles, will be specified during purchase
  • Service availability targets are defined in our Service Level Agreement (SLA)
  • We reserve the right to modify features with reasonable notice
  • Support services are provided according to the terms of your subscription plan
  • User limits and resource allocations are specified in your subscription plan

Intellectual Property

Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
  • If we provide social media features with certain content, you may take such actions as are enabled by such features

Client Materials and Data

You retain all rights to any content, data, or materials that you provide to us in connection with your use of our Services. By providing any content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing our Services to you.

Custom Software Development Ownership

Unless otherwise specified in a separate agreement:

  • Upon full payment, clients receive ownership rights to custom software developed specifically for them
  • We retain ownership of pre-existing code, frameworks, and development tools used in the project
  • We may use general concepts, algorithms, and techniques developed during the project for other clients
  • Open-source components are subject to their respective licenses

Payment Terms

Payment terms for our Services are as follows:

  • Prices are stated in Canadian dollars (CAD) unless otherwise specified
  • For custom development projects, payment schedules will be defined in the project contract
  • SaaS products may be billed monthly or annually as selected during subscription
  • Invoices are due upon receipt unless otherwise specified
  • Late payments may incur interest charges at a rate of 1.5% per month
  • We reserve the right to suspend services for accounts with overdue payments
  • All fees and charges are non-refundable unless otherwise specified

Limitation of Liability

In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Disclaimers

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Services will meet your requirements, be available on an uninterrupted, secure, or error-free basis, or that defects will be corrected. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Services.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms.

Governing Law and Jurisdiction

These Terms and your use of the 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 giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Ontario, Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Termination

We may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

For SaaS subscriptions:

  • You may cancel your subscription in accordance with the procedures set forth in your subscription plan
  • Upon termination, your right to use the Services will immediately cease
  • We will store your data for a period of 30 days after termination, after which it may be permanently deleted
  • You may request an export of your data during this 30-day period

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any changes by updating the "Last Updated" date at the top of these Terms. It is your responsibility to check these Terms periodically for changes.

Your continued use of our Services following the posting of any changes constitutes acceptance of those changes. If you do not agree to the new terms, you must stop using the Services.

Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

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 the Company regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements, understandings, or communications.

Contact Information

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

3Innovative Inc.

Email: hello@3innovative.com