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Terms of Service

Last Updated: 2025-04-03

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS.

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the TraceIT website and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Services.

2. Description of Services

TraceIT provides a software solution designed to help Canadian food businesses meet CFIA traceability requirements. The specific features and functionality of the Services may change from time to time without prior notice.

3. Account Registration and Security

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4. User Conduct

You agree not to:

  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services
  • Use the Services in any manner that could damage, disable, overburden, or impair the functioning of the Services
  • Attempt to gain unauthorized access to the Services or any related systems or networks
  • Use the Services for any illegal or unauthorized purpose
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services
  • Use any robot, spider, crawler, scraper, or other automated means to access the Services

5. Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or our content. You may 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 generally and ordinarily permitted through the Services according to these Terms.

6. Subscription and Payment Terms

Access to certain features of the Services may require payment of fees. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Subscriptions automatically renew unless cancelled at least 30 days before the end of the current subscription period. You may cancel your subscription at any time by contacting us.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

WHILE WE DESIGN OUR SERVICES TO HELP USERS MEET CFIA REQUIREMENTS, WE MAKE NO GUARANTEES ABOUT REGULATORY COMPLIANCE OR ACCEPTANCE BY ANY REGULATORY AUTHORITY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 CAD OR THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, and employees, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

10. 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 [Province], Canada, without giving effect to any choice or conflict of law provision or rule.

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the courts located in [City], [Province], Canada, and you irrevocably submit to the jurisdiction of such courts in any such action or proceeding.

11. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 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, you are no longer authorized to use the Services.

13. Entire Agreement

These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

14. Contact Information

Questions or comments about the Services or these Terms may be directed to:

[Contact Information]

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.