TERMS OF USE AND POLICIES

Last Updated: 2024-12-04

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OptiFab Technologies Inc. (“OptiFab”, “we”, “our”, “us”) provides OptiScan (the “Service”). These Terms of Use (the “Terms”) govern your use of the Service. Please read them carefully before accessing or using the Service.

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1. ELIGIBILITY AND SCOPE

1.1 General Eligibility.

To use the Service, you must be at least 18 years old and capable of entering into legally binding agreements. By using the Service, you represent and warrant that you meet these eligibility requirements.

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1.2 Jurisdiction-Specific Terms.

These Terms apply to users in Canada, the United States, and other approved regions. For users outside these areas, OptiFab will provide jurisdiction-specific terms where necessary.

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2. ACCOUNT REGISTRATION AND USE

2.1 Account Registration.

To access the Service, you must create an account by providing accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

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2.2 Unauthorized Use.

If you suspect unauthorized access to your account, notify us immediately at legal@optifabtech.com. OptiFab disclaims liability for damages resulting from unauthorized account use. You may be held responsible for losses incurred by OptiFab or others due to unauthorized access resulting from your failure to secure your account credentials.

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3. PROPRIETARY RIGHTS

The OptiScan Service and all related materials, including software, text, designs, trademarks, and intellectual property, are owned exclusively by OptiFab and protected by Canadian and international intellectual property laws.

You are granted a limited, non-transferable license to use the Service for your internal business operations. You may not copy, modify, or distribute any part of the Service without prior written consent from OptiFab.

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4. USER CONTENT AND FEEDBACK

4.1 User Content Ownership.

You retain ownership of all content and data you upload to the Service (“User Content”). However, you grant OptiFab a non-exclusive, royalty-free license to use anonymized and aggregated User Content for the purpose of improving the Service and developing future products.

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4.2 Feedback and Suggestions.

Any suggestions, feedback, or improvements you provide to OptiFab regarding the Service may be used by OptiFab without limitation or compensation to you.

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5. LICENSE AND ACCEPTABLE USE

5.1 Limited License.

You are granted a limited, non-exclusive, revocable license to use the Service solely for internal purposes. This license does not include any resale or commercial use of the Service unless explicitly authorized in writing by OptiFab.

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5.2 Acceptable Use Policy.

You may not:

• Disrupt or tamper with the Service or its security.

• Misuse the Service for illegal or fraudulent activities.

• Post or transmit harmful, defamatory, or otherwise objectionable content.

Violations of this policy may result in suspension or termination of your account.

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6. DATA PRIVACY AND SECURITY

OptiFab is committed to protecting your data. Refer to our Privacy Policy for details on how we collect, use, and safeguard your information.

OptiFab ensures compliance with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

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7. WARRANTIES AND DISCLAIMERS

The Service is provided “as is” without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

OptiFab will not be liable for indirect, incidental, or consequential damages, including loss of profits or data, arising from your use of the Service.

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8. TERMINATION

8.1 Termination by OptiFab.

OptiFab reserves the right to suspend or terminate your access to the Service for any breach of these Terms or for any other reason at its sole discretion, with or without notice.

8.2 Data Retention.

Upon termination, you may request access to your data for a period of 90 days. After this period, OptiFab is not obligated to retain your data.

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9. MODIFICATIONS TO THE SERVICE

OptiFab reserves the right to modify or discontinue the Service, either temporarily or permanently, with or without notice.

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10. GOVERNING LAW

These Terms are governed by the laws of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising under these Terms will be resolved in the courts of Ontario.

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11. INDEMNIFICATION

You agree to indemnify and hold OptiFab harmless from claims, damages, or losses arising from your use of the Service, your breach of these Terms, or your violation of any third-party rights.

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12. FORCE MAJEURE

OptiFab will not be held liable for any failure to perform due to circumstances beyond its reasonable control, including natural disasters, labor disputes, or government actions.

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13. CONTACT INFORMATION

For questions or concerns about these Terms, please contact us at:
OptiFab Technologies Inc.
151 Charles St W, Kitchener, ON N2G 1H6

Email: legal@optifabtech.com