These terms and conditions (“Terms and Conditions” or “Agreement”) are binding on and apply to visitors of our website, https://www.pathfinder.robosafety.ca (the “Site”), and any users (“you”, “your”, “User”) accessing, using, or otherwise interacting with PathFinder, provided by RoboSafety Inc., (“RoboSafety”, “us”, “we”), from the time that we provide you with access to PathFinder.
By purchasing a subscription, or otherwise by accessing and using PathFinder, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with any and all policies included by reference, such as our Privacy Policy at [https://robosafety.ca/robosafety-privacypolicy/].
If you are accessing or using PathFinder on behalf of an entity or organization, you represent and warrant that you: (i) have the authority to legally bind such entity or organization; and (ii) that you are duly authorized to enter into this agreement on behalf of entity or organization. In that event, all references to “you” in this agreement shall be a reference to both (1) you as an individual User (defined below); and (2) the entity or organization on whose behalf you are accessing and using PathFinder.
RoboSafety reserves the right to update and change the Terms and Conditions by posting updates and changes to the Site. We strongly encourage you to check the Terms and Conditions from time to time for any updates that may impact you.
“Account” means the account created through contacting RoboSafety and used by User as part of and to access PathFinder and related Services provided by RoboSafety.
“Affiliate” means any entity which directly or indirectly controls, i.e. having direct or indirect ownership or control of more than 50% of the voting interests of the subject entity, is controlled by, or is under common control with the subject entity.
“Agreement” means the Proposal, these Terms and Conditions, the Privacy Policy, and all referenced documents within an applicable Proposal that combine to from the entire agreement between the Parties, subject to Section 14.3.
“Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to the environment or health and safety, of any governmental or regulatory authority that apply to the parties.
“Services” means all tools, features, functionality, and other Services as described in one or more Proposals that may be provided by RoboSafety to its Users under these Terms and Conditions.
“RoboSafety” means RoboSafety Inc., its employees, contractors, agents, Affiliates, and any other individual authorized by RoboSafety dealing in the matters under these Terms and Conditions.
“RoboSafety Technology” means the technology and intellectual property used in providing the products and Services offered by RoboSafety, including PathFinder and any Services, including but not limited to the Services, provided through PathFinder, computer software, programs, connectors, websites, networks, and equipment. RoboSafety technology does not include third-party applications or other software programs and technology provided or made available to Users by third parties.
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
“Party” or “Parties” means either RoboSafety or the user, or a combination of both.
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For greater certainty, Personal Data does not include information that is anonymized or aggregated.
“Proposal” means the ordering document generated by RoboSafety for User’s purchases of Services that are executed thereunder by the Parties from time to time, specifying, among other things, a description of Services offered to, and purchased by, the use as well as the pricing terms for such Services that are purchased by User. Proposals may also be casually referred to as, order forms, quotes, statements of work, or work orders.
“Register” or “Registration” means the point at which the User creates an Account through by contacting RoboSafety either directly or via the Site.
“Pathfinder” means the software developed by RoboSafety and provided to its Users for the purpose of enhancing the safety of autonomous robots through modernized safety engineering solutions, including fault tree creation, and safety analysis tools, which is owned and provided by RoboSafety to its Users.
“Subscription Plan” means one of the payment plans under which RoboSafety provides Users with access to and use of PathFinder.
“Subscription Term” means the period set out under a particular Subscription Plan.
“Support Services” means the support, maintenance and training services provided or to be provided by RoboSafety to the User. Support services may be included as part of a User’s Subscription Plan for the Services or purchased for an additional fee, all of which are more fully described in the applicable Proposal.
“Term” means the period from the effective date of a Subscription to the date of expiration of such Subscription.
“User(s)” means any individual(s) who has created an Account.
“User Data” means all electronic data or information (i) uploaded by the Users in the process of using PathFinder, including profile information; or, (ii) created as a result of additional inputs by the User in the process of using PathFinder. For greater clarity, User Data includes Personal Data and may comprise of sensitive information including geolocation, and/or other personal information uploaded by User through PathFinder.
“Website” or “Site” means the Robosafety website owned and operated by RoboSafety at https://robosafety.ca/.
2-1- Services. RoboSafety hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services provided through PathFinder in accordance with the applicable Proposals during the Subscription Term.
2.-2- Description of PathFinder. PathFinder, which is powered by the RoboSafety Technology and other RoboSafety proprietary technology, provides safety analysis and fault tree creation tools to engineers for the purposes of enhancing safety in the large-scale deployment of autonomous systems. Any new features or tools which are added to the current Pathfinder Software shall also be subject to these Terms and Conditions.
2-3- Provision of PathFinder. RoboSafety shall make the Services available to User during the Term, as applicable. User may also subscribe for additional Services, which may be subject to additional fees, as such additional Services become available. User agrees that its Registration for the Services is neither contingent upon the delivery of any current or future functionality or features nor dependent upon any oral or written public comments made by RoboSafety with respect to current or future functionality or features.
3-1- User Account. To access and use PathFinder, Users must contact RoboSafety, either by phone, email, or through the Site obtain a quote for access to the Services and to Register for an account (“Account”) by providing your name and a valid e-mail address, and any other information required by RoboSafety. RoboSafety may, in its sole and absolute discretion, reject an application for an Account for any reason, and RoboSafety reserves the right to refuse Services to anyone for any reason at any time. Upon Registration, User will be granted a username, password and authentication material to access PathFinder (“User Login”).
3-2- Account and Password Security. You acknowledge and agree that you are responsible for keeping secure your User Login that you receive in connection with your RoboSafety Account. RoboSafety will not be liable for any loss, damage, or claims, whether instigated by you or otherwise, directly or indirectly resulting from your failure to maintain the security of your User Login or User Account.
3-3- User Account Requirements. You must be at least 18 years of age to create a User Account for the Services. By creating a User Account, you represent and warrant that:
Persons under the age of majority in their jurisdiction (“Minor”) may not create or use an Account unless they have obtained the written consent of their parent or legal guardian. If you are a Minor, you may only use PathFinder with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms and Conditions with you.
4-1- RoboSafety Responsibilities. RoboSafety shall: (i) maintain the integrity of the Services; (ii) provide certain Support Services to Users, at no additional charge as more fully described in the applicable Proposal; and (iii) operate and maintain the Services in accordance with these Terms and Conditions and shall use its commercially reasonable efforts to perform such maintenance at such times to minimize the impact of any downtime of the Services to User.
4-2- User Responsibilities. User is responsible for all activities that occur in User Account and for Users’ compliance with these Terms and Conditions. User shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Data; (ii) use PathFinder in compliance with the Use Guidelines described in Section 4.3; (iii) use reasonable efforts to prevent unauthorized access to, or use of, PathFinder, and notify RoboSafety promptly of any such unauthorized access or use, including any such improper or unauthorized use by Users; and (iv) comply with all Applicable Laws in using PathFinder.
4-3- Use Guidelines. User shall use PathFinder, solely for its internal business purposes. User shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Services or make PathFinder available to any third party; (ii) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws; (iii) send or store infringing, obscene, pornographic, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party intellectual property or privacy rights; (iv) send or store Malicious Code (whether intentional or inadvertent); (v) interfere with or disrupt the integrity or performance of PathFinder or the data contained therein; or (vi) attempt to gain unauthorized access to PathFinder or its related systems or networks. You are responsible for all activity and content uploaded by you through PathFinder, and for ensuring the accuracy and completeness of any information we require to process your transactions.
4-4- Third Party Links. Our Pathfinder Software may include links to other internet websites owned by third parties. These third party sites are not owned, operated, or controlled by RoboSafety. RoboSafety is not responsible for, and has no liability for any third-party sites, their businesses, products, or content, except for the content that we have published specifically on those websites. If you choose to click on any link to a third-party and visit their sites, these Terms and Conditions will no longer apply, and you will be subject to the Terms and Conditions and any other legal documents posted on that third-party site. Your use of those sites is at your own risk, and you agree that you will not bring a claim against RoboSafety arising from your use of any of these other websites.
4-5- Investigation and Other Content. RoboSafety may investigate and take any available legal action in response to illegal and/or unauthorized uses of PathFinder including such activities set out under Section 4.3. Such legal action or responses include, but are not limited to, terminating your RoboSafety Account.
5-1- User Fees. User shall pay all Fees specified in the Proposal(s) hereunder. Fees for the Service must be paid for in advance and billed monthly or annually, in accordance with your subscription plan. RoboSafety will issue an invoice to User, which may be paid by direct deposit or cheque. You are responsible for maintaining complete and accurate billing and contact information through our automated payment system.
5-2- Invoicing & Payment. Fees for the Services will be invoiced in advance and otherwise in accordance with the applicable Proposal. Unless otherwise stated in the applicable Proposal, charges are due net thirty (30) days from the invoice date. User is responsible for maintaining complete and accurate contact and billing information on the Services.
5-2- Suspension or Termination for Non-Payment. If timely payment is not provided by User, RoboSafety reserves the right to suspend or revoke access to the Service, without liability to RoboSafety, until any outstanding amounts are paid in full.
5-3- Effects of Suspension. If RoboSafety suspends User’s ability to access the Service, (i) User remains responsible for all Fees, including applicable interest rates as set out in Section 5.5 of these Terms and Conditions, accrued during the suspension period; and (ii) User will not be entitled to any compensation or credits for any period of suspension, unless suspension was due to RoboSafety’s error or omission.
5-4- Interest on Late Payments. Where User fails to pay any amount in accordance with the payment terms set out in Section 5 of these Terms and Condition, RoboSafety shall have the right, in addition to any other rights or remedies available to it, to charge, and User shall pay, interest on such overdue amounts at the rate of 1.5% per month calculated daily, compounded monthly (18% per annum) both before and after any court judgement in respect of the same from the date such payment was due.
5-5- Modification of Fees. RoboSafety may at any time, upon notice of 30 days, or a longer period if required by Applicable Law, change the price of the Service or any part thereof, or institute new charges or fees. If you have prepaid your month-to-month subscription service, price changes and institution of new charges implemented after your prepayment will go into effect for your next monthly subscription term after the 30 days’ notice and the updated fees will be subtracted from your prepayment. If you do not agree to any such price changes, then you must cancel your Service and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.
5-6- Payment Disputes. User must assert any payment dispute in writing to info@robosafety.ca within 30 days after the due date of the invoice giving rise to the dispute. RoboSafety shall not exercise its suspension or termination rights or apply interest on late payments if User disputes applicable charges reasonably and in good faith and provides reasonable cooperation to resolve the dispute.
6-1- Reservation of Rights. Subject to the limited rights expressly granted hereunder, and except for those intellectual property rights held by third parties in connection with PathFinder, RoboSafety reserves all right, title, and interest, including all intellectual property rights, in and to PathFinder and all technologies related thereto, including any and all processes and/or content developed by RoboSafety and all derivatives, modifications, or improvements of or to any of the foregoing made by or for RoboSafety, whether or not created or developed in connection with PathFinder. No rights are granted to User hereunder other than as expressly set forth herein.
6-2- Restrictions. User shall not (i) modify, copy or create derivative works based on PathFinder; (ii) frame or mirror any content forming part of PathFinder, other than for User’s own purposes; (iii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of PathFinder, in whole or in part or (iv) access PathFinder in order to (A) build a competitive product or Services, or (B) copy any ideas, features, functions or graphics of PathFinder.
6-3- User Data. As between RoboSafety and User, User exclusively owns all rights, title and interest in and to all User Data. User Data is deemed Confidential Information under these Terms and Conditions. You acknowledge that you upload sensitive information at your own risk and that RoboSafety shall not be liable for any loss, vulnerability, or damages resulting from the upload of such sensitive information by you for any reason.
6-4- Sensitive Company Data. User acknowledges that PathFinder’s functionality is dependent on the User uploading and/or otherwise providing information, data, or test results related to safety risks that the User or the entity on whose behalf User has purchased access to PathFinder considers confidential, sensitive, and/or proprietary (“Sensitive Company Data’). As between RoboSafety and User, User shall exclusively own all Sensitive Company Data, and all Sensitive Company Data will be deemed “Confidential Information” under this Agreement. RoboSafety shall ensure that all Sensitive Company Data is stored, processed, and accessed securely in accordance with the principle of least privilege. RoboSafety will implement and maintain industry standard practices to address the secure handling, storage, and transfer of any Sensitive Company Data within PathFinder.
6-5- Usage Data. RoboSafety may collect certain data and information regarding User’s use of the Services, including, but not limited to, data involving functions within PathFinder most used by User or other items (“Usage Data”). RoboSafety may use and exploit Usage Data for any purpose in connection with operating, improving and supporting PathFinder and any machine learning technology that underlies PathFinder (“Usage Data Purpose”). Notwithstanding any term in these Terms and Conditions to the contrary, User hereby consents to the use of such Usage Data for the Usage Data Purpose, and User irrevocably assigns all rights, title and ownership of the Usage Data to RoboSafety, and User hereby waives any applicable non-assignable rights to such Usage Data to the extent User is legally permitted to do so. RoboSafety represents and warrants that it shall not use the Usage Data for any other purpose other than the Usage Data Purpose.
6-6- Suggestions. Users are encouraged to submit any suggestions and feedback (“Feedback“) related to their use and operation of PathFinder, and can do so by sending an e-mail to us at info@robosafety.ca. If you provide us with any Feedback, you acknowledge that we may, in connection with the Services provided hereunder, freely use, copy, disclose, modify, improve upon, enhance, distribute, license, and otherwise exploit any such Feedback in any manner without any obligation, royalty, or other restriction based on intellectual property rights or otherwise. Nothing in these Terms and Conditions shall serve to limit our right to independently use, develop, evaluate, promote, market, or sell any products or services, whether they incorporate any Feedback or otherwise. RoboSafety acknowledges that any Feedback that you may provide is provided on an “as-is” basis, without representation of any kind as to the efficacy or usefulness of such feedback
7-1- Privacy Obligations. Notwithstanding any provisions, representations and warranties to the contrary, RoboSafety and User acknowledge that there is a possibility that the User Data and Usage Data may contain Personal Data, the use of which data is subject to various privacy laws, including all provincial, state, federal and international laws and regulations and provincial, state, federal and national government agency orders and decrees to which User may be subject (“Privacy Laws”), as well as certain restrictions imposed on the Personal Data by the data subjects or other third party data providers. RoboSafety and User agree to strictly abide by all such restrictions pertaining to the Personal Data, as they are promulgated and applied, currently and in the future. Furthermore, RoboSafety shall in good faith execute any and all agreements that User is required to have RoboSafety execute in order that User may comply with any Privacy Laws. If RoboSafety or User’s use (whether directly or indirectly) of the Personal Data is contrary to any Privacy Law, or contrary to any of the restrictions set forth in these Terms and Conditions, the nonviolating party shall have the right to: (a) terminate this Agreement for cause if such breach has not been cured within five (5) days of receipt by the violating party of written notice, and (b) pursue any other legal and equitable remedies. For greater certainty, RoboSafety’s Privacy Policy [https://robosafety.ca/robosafety-privacy-policy/] governs RoboSafety’s collection, use, disclosure, retention and disposal of Personal Data, and forms part of these Terms and Conditions.
8-1- Definition of Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), whether orally or in writing, or whether disclosed purposefully or inadvertently, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including PathFinder, Services, and any User Data. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to Disclosing Party; (ii) was known to Receiving Party prior to disclosure by Disclosing Party without breach of any obligation owed to Receiving Party; (iii) is received from a third party without breach of any obligation owed to Disclosing Party; or (iv) was independently developed by Receiving Party without any use of or reference to Disclosing Party’s Confidential Information.
8-2- Confidentiality. Receiving Party shall implement and maintain commercially reasonable and appropriate technical, administrative, and physical safeguards and security methods designed to prevent any unauthorized release, access to or publication of Confidential Information, or Personal Information. Receiving Party shall implement processes and maintain procedures designed to comply with Applicable Laws. For the purposes of RoboSafetys’ processing of User Data, these Terms and Conditions are User’s instructions for storing User Data, and RoboSafety shall not process User Data for any other purpose. Receiving Party may use subcontractors to facilitate its obligations under these Terms and Conditions. Receiving Party shall use commercially reasonable measures to ensure that such subcontractors implement and comply with reasonable security measures in handling any Confidential Information. Receiving Party shall not disclose or use any Confidential Information for any purpose outside the scope of these Terms and Conditions, except with Disclosing Party’s prior written permission, subject to Section 8.3.
8-3- Compelled Disclosure. If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, including User Data, it shall provide Disclosing Party, as applicable, with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party’s cost, if Disclosing Party wishes to contest the disclosure
9-1- Warranties. Each party represents and warrants that it has the legal power to be bound by these Terms and Conditions and any Proposals. User represents and warrants that for any Personal Data controlled by it, or any other Personal Data provided or transmitted by User to RoboSafety, whether advertent or otherwise, User, as applicable, has obtained the necessary consent or legal right to provide or transmit such data.
9-2- No Guarantee. User acknowledges that PathFinder is designed to assist companies and Users in identifying, analysing, and mitigating safety risks based on the information, data, and safety test results uploaded to PathFinder by Users, and that ultimate accountability, responsibility, and liability for any decisions or actions that may be taken by Users. RoboSafety accepts no responsibility, and hereby disclaims all liability arising out of or relating to any losses or damage that may be incurred by User or the company User represents for any decisions that are implemented due to the results generated by PathFinder. PathFinder is intended to compliment, and not replace, User’s existing safety risk mitigation practices.
9-3- Disclaimer. User acknowledges that no application is capable of providing complete protection against all known and unknown vulnerabilities/zero-day threats. To the maximum extent permitted by applicable law, PathFinder and any services provided hereunder are provided “as is,” with all faults, defects, bugs, and/or errors that may be present in the services, and Robosafety makes no (and hereby disclaims all) other warranties, representations, or conditions, whether written, oral, express, implied or statutory, including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, title, noninfringement, or fitness for a particular purpose, with respect to the use, misuse, or inability to use PathFinder and/or services (in whole or in part) or any other products or services provided to user by Robosafety. Robosafety does not warrant that all errors can be corrected, or that the operation of PathFinder shall be uninterrupted or error free.
9-4- User Representation and Warranty. You represent and warrant that all information and content you submit upon creating your Account, including information linked to any social media accounts, are accurate and truthful, and you have the right to post such content or information through PathFinder. You also acknowledge and agree that RoboSafety, its affiliates, or third-party partners, may place advertising through PathFinder.
10-1- Indemnification by User. Subject to these Terms and Conditions, User shall defend, indemnify and hold RoboSafety harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims, demands, suits, or proceedings (“Claims”) made or brought against RoboSafety by a third party alleging that the User Data, or User’s use of PathFinder: (i) infringes the intellectual property rights of such third party, or (ii) has harmed such third party because Malicious Code was uploaded or inputted by Users, (iii) electronic data or information was uploaded or inputted by Users without such third party’s authorization or permission, or (iv) violates any Applicable Law, or has otherwise harmed a third party; provided, that RoboSafety (a) promptly gives written notice of the Claim to User; (b) gives User sole control of the defense and settlement of the Claim (provided that User may not settle or defend any Claim unless it unconditionally releases RoboSafety of all liability); and (c) provides to User, at User’s cost, all reasonable assistance.
11-1- Limitation of Liability. In no event shall Robosafety’s aggregate liability arising out of or related to these terms and conditions, or relationship between Robosafety and user, whether in contract, tort or under any other theory of liability, exceed the subscription fees or under the relevent proposal, if any, paid by and due from user hereunder.
11-2- Exclusion of Consequential and Related Damages. In no event shall Robosafety have any liability to user(s) for any lost profits or for any indirect, special, incidental, punitive, or consequential or exemplary damages however caused and, whether in contract, tort or under any other theory of liability, whether or not user has or have been advised of the possibility of such damages.
11-3- Limitation of Claims. Except with respect to claims relating to the misuse of confidential information or personal information, user shall not bring any claim relating to the agreement more than two years after the events giving rise to the claim occurred.
11-4- General. These exclusions and limitations apply even if the remedies are insufficient to cover all of the losses or damages of user. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some or all of the above exclusions or limitations may not apply and the parties may have additional rights.
12-1- Termination for Cause. RoboSafety may terminate this Agreement immediately without written notice to User for a breach or violation, or suspected breach or suspected violation, of any provision under these Terms and Conditions, as determined in the sole discretion of RoboSafety. Verbal or written abuse of any kind (including threats of abuse or retribution) of any RoboSafety User, employee, member, or officer will result in immediate Account termination. If RoboSafety, in its sole and absolute discretion, suspects for any reason that User has uploaded illicit or prohibited materials under these Terms and Conditions to their Account, RoboSafety reserves the right to terminate the Account in connection with such suspicion.
12-2- Cancellation. User may cancel the Account and terminate this Agreement at any time by contacting info@robosafety.ca or deleting the User Account through account settings.
12-3- Outstanding Fees. Termination or cancellation shall not relieve User of the obligation to pay any fees accrued or payable to RoboSafety prior to the effective date of termination.
12-4- Surviving Provisions. The following provisions of these Terms and Conditions shall survive any termination or expiration of these Terms and Conditions: Sections 6 through 13.
13-1- Relationship of the Parties. These Terms and Conditions do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
13-2- No Third-Party Beneficiaries. Except as otherwise expressed herein, there are no third-party beneficiaries under these Terms and Conditions.
13-3- Entire Agreement. This Agreement consists of the entire agreement between the Parties hereto with respect to the subject matter hereof and supersede any previous understandings or agreements, whether written or oral, in respect of such subject matter.
13-4- Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under these Terms and Conditions shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
13-5- Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms and Conditions shall remain in effect.
13-6- Assignment. User may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of RoboSafety (not to be unreasonably withheld). Notwithstanding the foregoing, RoboSafety may assign this Agreement in its entirety, without consent of the User, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempt by User to assign its rights or obligations under these Terms and Conditions is in breach of this Section 14.6 shall be void and of no effect. Subject to the foregoing, these Terms and Conditions shall bind and enure to the benefit of the parties, their respective successors and permitted assigns.
13-7- Governing Law and Exclusive Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. In the event that any dispute should arise in connection with these Terms and Conditions, or the construction or application thereof, or as to any act, deed, or omission of RoboSafety, any User, or any User, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for the resolution of any such dispute.
13-8- Equitable Relief. User acknowledges that damages may be an inadequate remedy if User violate the obligations under these Terms and Conditions, and RoboSafety shall have the right, in addition to any other rights it may have, to seek injunctive relief without any obligation to post any bond or similar security.
13-9- Notices. RoboSafety shall communicate announcements of general interest by email or by posting on its Website. RoboSafety shall provide User with legal notices by email provided by User. User shall immediately notify RoboSafety if User’s email address for notice changes. Except as otherwise specified in these Terms and Conditions, all notices must be in writing to info@robosafety.ca.
13-10- Dispute Resolution. All disputes arising in connection with this Agreement and its negotiation, performance, breach, existence or validity, shall be referred to and determined by arbitration with ADR Chambers in accordance with the ADR Chambers Arbitration Rules and the Arbitration Act, 1991 (Ontario). Notwithstanding the foregoing, neither Party shall be precluded from applying to a court of competent jurisdiction for any relief in the nature of injunction, specific performance, or other equitable remedy.
Last Updated: 09/09/2024
