ARYVAL LTD. TERMS OF SERVICE

Last revised: February 21, 2025

This Terms of Service Agreement (this “Agreement“) governs your access to and use of the website located at https://www.aryval.io/ (the “Website“), together with services and applications which are made available through the Website. 

Aryval Ltd. (“Aryval”) owns the Website and such services and applications, or contracts with third parties to provide them to you. Aryval serves only as the platform provider, and any communication, events, enrollment or other decisions are solely those of the Families and the Schools (as those terms are defined below) and not Aryval.

In consideration for your right to access and use the Website, you agree to the terms and conditions set out below.

As used in this Agreement, “you” means (and “your” refers to) the user of the Services, “we” means (and “us”, “our”, and “ours” refer to) Aryval, and “Services” means any and all services and products that are made available on or through the Website, unless otherwise provided herein. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.

IMPORTANT! YOUR ACCESS TO ARYVAL AND THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED.  ACCESSING AND USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

You can view, print, download or save this Agreement at any time, under the “Terms of Service” link that appears on the Website. We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (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 Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Services.

Part 1 – Parents

Part 1 applies only to a parent or parents, who use the Services to engage with prospective schools for their children, and to otherwise experience the functionality which may be offered by the Services from time to time (“Parents”). As used in this Part, “you” means (and “your” refers to) a Parent or Parents, as the case may be.

If you choose to register for a School’s (as defined herein) event, as a Parent potentially interested in enrolling their child at the School, you agree to provide accurate information about yourself, your child and your family. 

You expressly acknowledge and agree that Aryval is not responsible for the decisions and other actions that the Schools make or do not make, with the information you provide.

You acknowledge and agree that any information or data that you input into the Services will be provided to Schools that you have expressed interest in, in an identifiable form.

You represent and warrant to Aryval that you have the authority to provide personal information on behalf of minors whose personal information you provide to us, and consent to Aryval’s use of such personal information to provide the Services, in accordance with the terms and conditions of this Agreement and our Privacy Policy.

Part 2 – Schools

Part 2 applies only to a school or schools, who use the Services to engage with Parents of prospective students, and to otherwise experience the functionality which may be offered by the Services from time to time (“Schools”). As used in this Part, “you” means (and “your” refers to) a School or Schools, as the case may be.

Aryval helps Schools generate leads for potential future students as well as to track attendance and interest for enrollment. If you’re a School, you can sign up for an account and use Aryval to contact Parents who may potentially enroll their child in a School, through the Aryval platform. Once you are registered for an account, you will be able to review information on the Parents, and their children, who have R.S.V.P.’d to your events and track enrollment patterns, and to otherwise experience the functionality which may be offered by the Services, from time to time.

Further, you will not use the Services to send to a Parent any information that is not related to the School’s events or enrollment, without the Parent’s consent.

Part 3 – General Terms and Conditions

Part 3 applies to all users of the Website. 

1. Accounts and User Interaction

We reserve the right to refuse registration of accounts, or to cancel any existing accounts, that we deem to be inappropriate, in our sole discretion. If you use the Services, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activity that occurs under your account. We are not responsible for updating your account.  When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third party rights.  

We provide you with the opportunity to connect with a School for potential enrollment opportunities, but you are ultimately responsible for your decision to pursue a particular opportunity or connect with a School. We take no part in any communication you have with other users (including Schools), and we are not responsible for, or a party to, any agreements you may enter into with such users.

2. Your Personal Information and Privacy

You expressly consent to our collection, use and disclosure of the personally identifiable information you provide to us when you register for and use the Services, in accordance with the Aryval Privacy Policy. You can click here to review our Privacy Policy, which explains what personally identifiable information we collect, how we use it and with whom it is shared.

3. Consent to Electronic Communication

When you visit the Website, use the Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Your Right to Provide/Post Data

Our Services allow you to provide data. You are responsible for the data you post to the Services, including its legality, reliability, and appropriateness.

By posting data to the Services, you grant us the right and license to use, modify, perform, publicly display, reproduce, and distribute such data on and through the Services (including any amendments to the Services from time to time, on notice to you, as contemplated by this Agreement, or as set out in the Aryval Privacy Policy [link here]). You retain any and all of your rights to any data you submit on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your data available (anonymously) to other users of the Services, who may also use your data subject to this Agreement.

You represent and warrant that: (i) the data is yours (you own it) or you have the right to use it and grant us the rights and license as provided in this Agreement, and (ii) the posting of your data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

5. Ownership of Content

Our Content: Except for Your Content (which is discussed below), all materials displayed or otherwise accessible on the Website, including, without limitation, text, photographs, images, illustrations, graphics, icons, code (collectively, “Our Content“) and the selection and arrangement of Our Content on the Website are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content. Portions of Our Content may have been licensed to us or published on the Website by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Website or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited. The display of Our Content does not imply that you have been granted a license by us or other entities with respect to it.

Your Content: You retain ownership in and to materials you submit to us (collectively, “Your Content“), but you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Services and supporting our operation of Aryval, generally, in accordance with our Privacy Policy (including additional aspects of the Services which may be added from time to time following modification of this Agreement and our Privacy Policy as contemplated herein and therein). We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness.  You may request deletion of Your Content, but our ability to delete Your Content may be restricted if you have shared it with others.

Trademarks: Certain words, phrases, names, designs or logos on the Website may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Website does not imply that you have been granted a licence by us or others with respect to them.

6. Complaints

If you believe in good faith that any material that is made available on the Website infringes your copyright, or if you have any other complaints about your use of the Services, please contact us at [email protected]. You can also contact us if another user provides content or otherwise uses the Services in a way that you find objectionable. While we are not responsible for how others use the Services, we will make commercially reasonable efforts to make your use of the Services enjoyable.

7. Limited Licence

Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of Our Content from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in the Website. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be. 

8. Acceptable Uses of Aryval

While you use the Services, you must comply with all applicable laws, rules and regulations, as well as this Agreement and the Aryval Privacy Policy. In addition, your use of the Services is based on the following rules of conduct. You will not:

1. post, transmit, or otherwise make available any material that is or may be: (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; (v) an infringement of another person’s privacy by disclosing the personal information of another individual without their knowledge and consent; (vi) unlawful or promoting unlawful activity; (vii) discriminatory; or (viii) mean-spirited;
2. post, transmit, or otherwise make available any material that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
3. use the Website in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws and the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada);
4. use the Website to post transmit, or otherwise make available any material which would: (i) give rise to criminal or civil liability; (ii) encourage conduct that constitutes a criminal offence; or (iii) encourage or provide instructional information about illegal activities;
5. impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent;
6. use the Website or the Services in a manner that is in competition with Aryval;
7. post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment;
8. interfere with or disrupt the Website;
9. use Aryval in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
10. post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation;
11. use the Website or the Services, if you are a minor, noting however, that Parents will input personally identifiable information of minors into Aryval, which is not a violation of this Agreement. Parents and legal guardians are responsible for ensuring their children do not use Aryval; or
12. use the Website or the Services if you are in violation of this Agreement.

We reserve the right, but not the obligation, to, in our sole discretion, determine whether or not any data is appropriate and complies with this Agreement, refuse or remove this data. We further reserve the right to make formatting and edits and change the manner of any data, without providing notice to you. We can also limit or revoke the use of the Service, without providing notice to you, if you post such objectionable data. As we cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to data that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will we be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

9. Practices Regarding Use and Storage

Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Your Content and Our Content. We will provide you access to Your Content, through your use of your account, but we are not responsible for copying, extracting or otherwise transferring Your Content to you.

Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.  

Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary, including, without limitation, Your Content, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.

10. Customer Service

We may make customer service features available to you, as a courtesy only.  We are not obliged to provide customer service to you and our decision to do so shall not create an obligation to provide additional customer service to you.

11. Linking and other Websites

No Endorsement or Responsibility: In addition to offering you access to Schools, the Website may include links to other websites, solely as a convenience to users. We are not part of any relationship between any users of the Service and any Schools, and we are not responsible for the actions of the Schools or the Parents, within that relationship. We do not endorse any users, linked websites or the information, material, product, services or opportunities created by, listed in, or contained on linked websites or accessible through other users or linked websites. We make no express or implied warranties with regard to the information, material, product, services, or opportunities that are contained on or accessible through other users and linked websites.  

Use at Your Own Risk: Your access to and use of other users’ and linked websites, including information, materials, products, services, and opportunities on linked websites or available through other users’ and linked websites, is solely at your own risk and, with respect to linked websites, is governed by the terms of service of the linked website. If there is any conflict between this Agreement and any of the terms or notices set forth on any other website, then the terms of that other website will control your use of that link. Please review the terms of use for each link so that you understand all of the terms that will apply. You should note that the Internet is an inherently insecure medium, and sending any online communication provides no guarantee of successful delivery. Care should be taken to ensure that the content of your online communication is not sensitive or confidential, since we can take no responsibility for communication which is lost, delayed, or misdelivered.  

Linking to the Website: Please request permission to link to the Website prior to linking to the Website. We reserve the right to cancel and revoke any permission we may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person.

 

12. No Warranty

NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND: (i) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; (ii) AS TO THE AVAILABILITY OF THE SERVICES; OR (iii) THAT THE SERVICES, ITS SERVERS, THE CONTENT, OR ANY COMMUNICATIONS SENT FROM, OR ON BEHALF OF ARYVAL, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.

Use at Your Own Risk: Access to the Services is provided “AS IS” and “AS AVAILABLE” and with all faults and defects, and without warranties of any kind, either express or implied. By accessing and using the Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Services, including, in the case of Parents, for selecting or showing interest in Schools, and including, in the case of Schools, pursuing students for recruitment purposes. While we try to keep the Services available without interruption, we are not responsible for ensuring the Services are available or that they will convey information to anyone, on your behalf.

Agreements and Interaction with Users: Aryval allows you to connect with other users for the purposes of enrollment, recruitment or other opportunities. WE ARE NOT A PARTY TO ANY RELATIONSHIPS OR AGREEMENTS YOU MAY HAVE WITH OTHER USERS, AND AS SUCH, YOU ARE SOLELY RESPONSIBLE FOR ALL AGREEMENTS AND ARRANGEMENTS YOU ENTER INTO, AND INTERACTION YOU HAVE, WITH OTHER USERS, INCLUDING, BUT NOT LIMITED TO: (A) SUITABILITY FOR A PARTICULAR PURPOSE; (B) ACCURACY OF DATA OR INFORMATION; AND (C) ANY CONDUCT OF ANY OTHER USER. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. WE DO NOT CONDUCT BACKGROUND OR REGISTRY CHECKS ON OTHER USERS OR VERIFY ANY STATEMENTS THEY MAKE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS ABOUT, AND DO NOT GUARANTEE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR: (X) THE QUALITY, SAFETY OR LEGALITY OF ANY SCHOOL OR SCHOOL EVENT; (Y) THE QUALIFICATIONS, BACKGROUND OR IDENTITIES OF PARENTS; AND (Z) THE ABILITY OF SCHOOLS TO PERFORM THE DUTIES OF EDUCATORS.

You agree to take whatever precaution is reasonably necessary, when you interact with, communicate with, or enter into agreements or arrangements with other users, whether through the Aryval platform, or in person.

Third Party Information: We are not responsible for any materials or information on the Website or any linked website that you may find offensive, undesirable or objectionable.  Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information.  

Third Party use of Your Content: Be aware that information you share on your profile and resume will be available to others. We are not responsible for what others do with Your Content, once you post it on your account and share it with another user.

Verification: We are not responsible for verifying your identity, the identity of anyone who uses your account, or the identity or legitimacy of any other user, posting, or other qualifications, or profile.

No Endorsement: Aryval does not endorse any user (including Parents and their children) or any School opportunity. Users are required by this Agreement to provide accurate information, and although Aryval may undertake additional checks and processes designed to help identify or check identities, backgrounds, or information about users, at our sole discretion, we do not make any representations about, confirm, or endorse any user, the user’s purported identity, Traits or background, or information they provide.

Jurisdictions: Some jurisdictions do not allow the exclusion of certain types of warranties or limitations or applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this Section 12 shall be applied to the greatest extent enforceable under applicable law.

13. Limitation of Liability, Release and Indemnity

THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US.  PLEASE READ IT CAREFULLY.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, OR (E) ANY DUTY AT LAW OR IN EQUITY; OR (F) ANY LOSS OF DATA OR OTHER INFORMATION; OR (G) FOR BUSINESS INTERRUPTION; OR (H) FOR PERSONAL INJURY; OR (I) LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES.  UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US, OR ONE HUNDRED DOLLARS ($100.00) USD IF YOU HAVE NOT PURCHASED ANYTHING THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 13 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

RELEASE: EXCEPT AS SET OUT IN THIS SECTION 13, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE WEBSITE AND THE SERVICES.

INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE AND THE SERVICES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 13 MAY NOT APPLY TO YOU.

FOR THE PURPOSE OF THIS SECTION 13, THE TERMS “WE”, “US” AND “OUR” SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.

14. Conflict of Laws

Application of Manitoba Laws: We are physically located, and all activities with respect to the Services and the Website take place, within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of Manitoba’s courts. 

Laws Excluded: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time.  

Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.  

Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

15. International Matters

Unless otherwise specified, the Website and the Services are presented solely for the purpose of providing products and services in Canada and the United States of America. We make no representation that the Website, the Services, Our Content and all other materials on the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

16. Data Backups

Although annual backups of data are performed, we do not guarantee there will be no loss or corruption of data.

We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of data. But you acknowledge that we have no liability related to the integrity of the data or the failure to successfully restore data to a usable state.

17. Copyright Policy
    

1. Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that data posted on the Service infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email [email protected] and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any data is infringing your copyright.

2. The Notice and Notice Regime 

Sections 41.25 and 41.26 of the Copyright Act (Canada) delineate the regulations governing the obligations of digital network providers, such as ISPs and VPNs, in relaying notices from copyright owners to internet users whose network identification (Internet Protocol address) might be implicated in copyright infringement.

To comply with this “notice and notice” regime, the notices must identify:

1. the alleged infringement (unauthorized access to copyrighted content);
2. the copyrighted material (movie, television show, book, video game, etc.) the alleged infringement relates to;
3. the copyright owner’s name (usually a production company like HBO, Warner Bros., etc.), address, and their right with respect to the copyrighted material; and
4. the Internet Protocol (IP) address, and the date and time of the alleged infringement.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

18. United States of America Legal Compliance

You represent and warrant that:

1. you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and
2. you are not listed on any United States government list of prohibited or restricted parties.
   
   

19. Force Majeure

We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.

20. Termination

Suspension of your Use of the Website by you: You may terminate this Agreement at any time, by cancelling your account. Your termination will be effective when we receive notice of your termination.  

Suspension of your Use of the Website by us: If you breach any provision of this Agreement, you may no longer use the Website. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website or the Services, all without any notice or liability to you or any other person.  

No Refunds or Rights on Termination: We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Website or any part thereof.  We reserve the right to cease, suspend or interrupt operation of or access to the Website or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.

Survival:  The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Sections 2, 3, 5, 9, 11, 12, 13, 14, 15, 17, 21 and this Section 20.

21. Miscellaneous

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  We may assign this Agreement without restriction. 

22. Google reCAPTCHA
    
    We use Google reCAPTCHA to protect our website from spam and abuse. reCAPTCHA analyzes interactions with our site to determine if a visitor is human, and this process may involve collecting information such as IP addresses and user behavior data. The use of reCAPTCHA is subject to Google’s Privacy Policy and Terms of Service.
    
    
    
23. Our Contact Information

If you have any questions about this Agreement, or the Website generally, please contact us at:

Aryval Ltd.
Jonathan Remis
Attention: the Privacy Officer
Email: [email protected]