Terms of Service

1. Agreement

By accessing or using the Actvite website (the “Site”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Site.

Actvite (“we”, “us”) refers to the Ontario, Canada corporation operating under the trade name Actvite.

2. The Site vs. professional services

The Site provides general information about our capabilities. Nothing on the Site is an offer to contract. A binding engagement requires mutual execution of appropriate commercial documents (for example, a proposal, statement of work, master services agreement, or order form) and any prerequisites we require.

If there is a conflict between these Terms and a written agreement for professional services, the written agreement controls for that engagement.

3. Permitted use

You may use the Site only in compliance with applicable law and these Terms. You agree not to:

• probe, scan, or test the vulnerability of our systems, or breach security or authentication measures;
• access the Site through automated means (including scraping, harvesting, or high-volume crawling) except public search engines’ ordinary indexing as permitted by our robots policy, if any, or with our prior written consent;
• interfere with or disrupt the Site, servers, or networks;
• misrepresent your identity or affiliation, or submit fraudulent inquiries;
• use the Site to distribute malware, conduct phishing, or send spam; or
• attempt to reverse engineer or bypass technical limitations except to the extent applicable law expressly permits.

4. Accounts and communications

If you contact us through forms, email, or phone, you represent that your information is accurate to the best of your knowledge and that you are authorized to contact us about the subject matter you raise.

We may monitor, record, and retain communications as reasonably necessary for security, quality, and legal compliance.

5. Intellectual property

The Site, including text, layout, graphics, logos, and other content we provide, is owned by Actvite or our licensors and is protected by intellectual property laws. Except for temporary copies in your browser cache, you may not copy, modify, distribute, sell, or create derivative works from the Site without our prior written permission, except as allowed by law.

Third-party names (frameworks, platforms, tools) may appear for descriptive purposes; respective owners retain their rights.

6. Third-party links and services

The Site may reference or link to third-party websites, repositories, or services. We do not control them. Their terms and privacy policies apply. A link is not an endorsement.

7. Disclaimers

The Site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement.

Information on the Site may be updated intermittently and may not reflect the latest offering details. Do not rely on the Site as the sole basis for technical, security, or legal decisions without independent verification.

8. Limitation of liability

To the fullest extent permitted by applicable law, Actvite and its directors, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business opportunity, arising from or related to your use of the Site, even if advised of the possibility.

To the fullest extent permitted by applicable law, our aggregate liability for any claim arising from or related to the Site or these Terms is limited to the greater of (a) CAD $100 and (b) amounts you paid us solely for website-related fees in the three months preceding the claim (which will typically be zero for ordinary browsing).

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum permitted by law.

9. Indemnity

You will defend, indemnify, and hold harmless Actvite and its personnel from claims, damages, losses, and expenses (including reasonable legal fees) arising from your misuse of the Site, your violation of these Terms, or your violation of applicable law, except to the extent caused by our willful misconduct.

10. Suspension and termination

We may suspend or terminate access to the Site, with or without notice, if we reasonably believe you violated these Terms, pose a security risk, or if we discontinue the Site. Provisions that by their nature should survive will survive termination.

11. Governing law and venue

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules.

Subject to applicable law, you agree that exclusive jurisdiction and venue for disputes arising from these Terms or the Site lie in the courts located in Toronto, Ontario, and you waive any objection to inconvenient forum, except where prohibited.

12. Changes

We may modify these Terms by posting an updated version on the Site and updating the effective date. Continued use after the effective date constitutes acceptance of the revised Terms. If you do not agree, stop using the Site.

13. General

• Entire agreement (Site): These Terms are the entire agreement between you and Actvite regarding use of the Site.
• Severability: If a provision is invalid or unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

14. Contact

Questions about these Terms: verify@actvite.com or +1 (705) 479-0199.

Related: Privacy Policy.