Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, applications, and services (collectively, the "Services") provided by C-BAND Digital Innovations Inc. ("C-BAND," "we," "us," or "our"), a corporation incorporated under the laws of Canada with its principal place of business in Winnipeg, Manitoba, Canada.

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

1. Acceptance of Terms

By accessing our website at cbanddigital.com or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.

2. Description of Services

C-BAND Digital Innovations Inc. provides digital technology services, including but not limited to web development, software development, mobile application development, digital strategy consulting, user experience design, and related technology solutions. The specific scope of services provided to you will be governed by any separate service agreement, statement of work, or proposal executed between you and C-BAND.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

3. User Accounts

Certain features of our Services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other security breach

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms or if your account has been compromised.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our Services in any way that violates any applicable federal, provincial, or local law or regulation
• Transmit any material that is defamatory, obscene, fraudulent, threatening, or otherwise objectionable
• Attempt to gain unauthorized access to any portion of our Services, other accounts, computer systems, or networks connected to our Services
• Interfere with or disrupt the integrity or performance of our Services or the data contained therein
• Use any automated system, including bots, scrapers, or similar tools, to access our Services without our written permission
• Introduce any viruses, trojan horses, worms, or other malicious code
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Collect or harvest any personal information from other users without their consent

We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including removing offending content and terminating access to our Services.

5. Intellectual Property

All content, features, and functionality on our website and within our Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of C-BAND Digital Innovations Inc. or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or internal business purposes. This license does not include the right to:

• Modify, reproduce, distribute, or create derivative works based on our content
• Use any data mining, robots, or similar data gathering methods
• Download or copy any content except as expressly permitted
• Use our trademarks, service marks, or trade names without our prior written consent

Intellectual property rights for custom work produced under a separate service agreement will be governed by the terms of that agreement.

6. Client Content and Responsibilities

If you provide us with content, materials, data, or information ("Client Content") in connection with our Services, you represent and warrant that:

• You own or have the necessary rights and permissions to use and provide such Client Content
• The Client Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party
• The Client Content does not contain any material that is unlawful, harmful, or otherwise objectionable

You retain ownership of your Client Content. By providing Client Content to us, you grant C-BAND a limited license to use, reproduce, and modify such content solely for the purpose of performing our Services.

7. Payment Terms

If you engage our Services under a separate agreement, payment terms, including fees, billing schedules, and payment methods, will be outlined in the applicable service agreement, statement of work, or proposal. Unless otherwise specified:

• All fees are quoted and payable in Canadian dollars (CAD) unless otherwise stated
• Payment is due within the timeframe specified in the applicable invoice
• Late payments may be subject to interest charges at the rate specified in your service agreement
• All applicable taxes, including GST/HST, will be added to invoiced amounts

8. Limitation of Liability

To the fullest extent permitted by applicable law, C-BAND Digital Innovations Inc., its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with:

• Your use or inability to use our Services
• Any unauthorized access to or alteration of your data or transmissions
• Any statements or conduct of any third party on our Services
• Any other matter relating to our Services

In no event shall our total aggregate liability exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the liability. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that our Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from the use of our Services will be accurate or reliable.

10. Indemnification

You agree to indemnify, defend, and hold harmless C-BAND Digital Innovations Inc. and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of a third party, including intellectual property rights
• Any Client Content you provide that causes damage to a third party

11. Confidentiality

Both parties agree to keep confidential any proprietary or non-public information disclosed during the course of the business relationship. This obligation of confidentiality survives the termination of these Terms and any related service agreements. Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties without restriction.

12. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, your right to use our Services will cease immediately.

All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of the Province of Manitoba, and you consent to the jurisdiction and venue of such courts.

Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue available legal remedies.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any separate service agreements executed between you and C-BAND, constitute the entire agreement between you and C-BAND Digital Innovations Inc. regarding the use of our Services. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. If the changes are material, we may provide additional notice through our website or by other means.

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue your use of our Services.

17. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at: