Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") govern your access to and use of the websites, software, applications, platforms, reports, and related services (collectively, the "Services") provided by iTOTEM Technology Solutions Ltd. dba iTOTEM Analytics ("iTOTEM", "we", "our", or "us").

By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

We may update these Terms from time to time. Updated versions become effective when posted on our website.

2. Our Services

iTOTEM provides software, analytics, reporting, data management, and related professional services that support decision-making and business operations.

Certain Services may also be governed by a Master Service Agreement, Subscription Agreement, Statement of Work, Proposal, Order Form, or other written agreement. Where there is any inconsistency, the written agreement will prevail.

3. Accounts

Where an account is required, you are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.

You agree to provide accurate and current information and to promptly notify us of any unauthorized use of your account.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You must not:

• access or attempt to access systems or information without authorization;

• interfere with the security, integrity, or availability of the Services;

• upload malicious code or harmful content;

• reverse engineer or attempt to circumvent the security of the Services except where permitted by applicable law;

• use the Services in a manner that violates applicable laws or infringes the rights of others.

5. Customer Data and Privacy

You retain ownership of the information and data you provide to iTOTEM.

iTOTEM may collect, use, store, and process information as necessary to provide, maintain, secure, and improve the Services.

iTOTEM collects, uses, stores, discloses, and protects personal information in accordance with our Privacy Policy and all applicable privacy and data protection legislation in the jurisdictions in which iTOTEM operates and provides its Services.

6. Intellectual Property

The Services, including software, documentation, reports, designs, methodologies, databases, and other content, are owned by iTOTEM or its licensors and are protected by applicable intellectual property laws.

Except as expressly permitted by law or by written agreement with iTOTEM, you may not copy, modify, distribute, reverse engineer, or otherwise exploit any portion of the Services.

7. Service Availability

We strive to provide reliable and secure Services and may periodically perform maintenance, upgrades, or modifications.

Service levels, support commitments, and availability guarantees, where applicable, are governed by the applicable agreement between iTOTEM and the customer.

8. Suspension or Termination

We may suspend or terminate access to the Services where reasonably necessary to:

• protect the security or integrity of the Services;

• comply with applicable law;

• investigate suspected misuse; or

• enforce these Terms.

Termination does not affect obligations that survive termination under any applicable agreement.

9. Governing Law

Unless otherwise agreed in writing, these Terms are governed by the laws applicable to the iTOTEM entity that enters into the agreement with you and provides the Services, without regard to conflict of law principles.

For Services provided by:

·        iTOTEM Technology Solutions Ltd. (Canada): These Terms are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada.

·        iTOTEM Analytics USA, Inc. (USA): These Terms are governed by the laws of the State in which that entity is incorporated, together with the applicable federal laws of the United States.

10. Changes to these Terms

We may update these Terms periodically. The current version will always be available on our website and will indicate the date it was last updated. Continued use of the Services following publication of revised Terms constitutes acceptance of those changes.