Terms and Conditions

Terms and Conditions

Algo Communication Products Ltd. (“Algo”, “we”, “us”, “our”) designs and manufactures communication endpoints such as speakers, intercoms, paging adapters, displays, visual alerters and alarms (the “Products”). We offer cloud based Product management solutions that enable our customers to manage multiple Products across their network (the “Cloud Services”). We also provide design services to create custom IP audio and visual systems (“AV Systems”) which leverage our Products and Cloud Services as well as certain third party products and services (the “Design Services”). In addition, we provide technical support services in relation to our Products and Cloud Services (“Support Services”). 

These Terms of Conditions (“Terms”) apply to your use of our website at algosolutions.com (“Site”) and to your purchase and use of our Products, Cloud Services, Design Services, and Support Services (collectively, the “Services”). 

If you are purchasing or using certain Services as director, officer, employee, member, contractor or agent of an organization that has entered into a separate agreement with Algo for such Services (each, a “Service Agreement”), then your use of those Services is governed by that Service Agreement and not these Terms. 

If you are purchasing or using our Services on behalf of an organization that has not entered into a separate Service Agreement with Algo, then you are agreeing to these Terms on behalf of that organization and by doing so, you are promising to Algo that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization). “User” means anyone using our Services, including anyone visiting our Site. 

Algo works with a global network of distributors, resellers, and integrators to provide our Services (“Our Partners”). Unless your use is subject to a Services Agreement with Algo, these Terms apply whether you have purchased Services directly from us or through one of Our Partners. 

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO DISCLAIMERS OF WARRANTIES, LIMITATIONS AND EXCLUSIONS OF LIABILITY, AND INDEMNITIES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SITE OR OUR SERVICES. 

By accessing, visiting, purchasing, or otherwise using our Services, you agree that you have read, understand, accept, and agree to be bound by and comply with these Terms and our Privacy Policy, which is incorporated herein by reference and forms an essential part of these Terms. You may access our Privacy Policy using this link. If you are not willing to be bound by each and every term and condition of these Terms, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing or using, our Services. 

Our Site Content

Our Site contains content owned, operated, licensed, or controlled by Algo that is protected by copyright, trademark, trade secret, or other proprietary rights (“Site Content”). Additionally, certain Site Content may include, but is not limited to, icons, photographs, white papers, product documentation, technology overviews, software, user guides, and implementation guides. Algo or its licensors retain all rights in such Site Content. Algo grants you a limited, revocable, non-sublicensable, and non-transferrable right to access and view the Site Content solely for your personal and non-commercial use. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, rightsholders, or other content providers. 

You acknowledge and agree that you have no ownership rights in our Site or the Site Content. 

The trademarks, logos, and service marks (“Marks”) displayed on our Site and our Services are the property of Algo or other third parties. Algo is a registered trademark of Algo Communication Products Ltd. You are not permitted to use these Marks without the prior written consent of Algo or the third party that owns the Mark. 

Software Content

Software, in both source and binary forms, firmware, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Site. Algo or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights. 

If the Software Content is accompanied by an end user licence agreement (each a “EULA”) then the terms of that EULA governs your use of such Software Content. If the Software Content is not accompanied by a EULA, then the following terms apply. 

All Software Content is licensed, not sold. You may only use the Software Content in connection with your permitted use of your Algo Products and Services and not for any other purpose. You may make one backup copy of the Software Content. You may only use this back up copy to reinstall the Software Content. 

All Software Content is provided “as-is”. You bear all risk in using the Software Content. We give no express warranties, guarantees or conditions in relation to the Software Content. These Terms apply to your use of the Software Content including without limitation the “Your Responsibility”, “No Warranty”, “Disclaimers and Limitations of Liability” and “Indemnity” sections below. 

Infringer and Repeat Infringer Policy – We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers of intellectual property rights. We may also, at our sole discretion, limit the access to any or all of our Services for any User who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement. 

Cloud Services

When purchasing Cloud Services, whether directly through Algo or through one of Our Partners, you will enter into a separate Cloud Services Agreement with Algo which will govern your use of the Cloud Services. 

Products

Under no circumstances will the terms, conditions or provisions of any purchase order, invoice or other administrative document issued by you in connection to any purchase of Products be deemed to modify, alter or expand the rights, duties or obligations of you or us under, or otherwise modify, these Terms, regardless of our failure to object to those terms, provisions, or conditions. 

All Product descriptions available on our Site are as accurate as possible (errors and omissions excepted). We have made every effort to display as accurately as possible the colours and images of our Products that appear on the Site. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate. 

All descriptions of Products and Product pricing are subject to change at any time and from time to time without notice, in our sole and absolute discretion. We reserve the right to change what Products are available for purchase through our Site, or to discontinue any Product, at any time and from time to time, without notice, at our sole and absolute discretion. We reserve the right to discontinue any Product at any time. 

Our Products may be accompanied with certain user guides and other documentation which detail the safe and effective use of our Products (the “User Guides”). You will carefully review any applicable User Guides for the Products you purchase and you agree that you will only install and operate the Products in strict conformance with its User Guide. YOU ACKNOWLEDGE THAT YOUR FAILURE TO INSTALL AND USE THE PRODUCTS IN STRICT CONFORMANCE WITH THE APPLICABLE USER GUIDE MAY RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALGO HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY OCCUR AS A RESULT OF YOUR FAILURE TO INSTALL AND USE THE PRODUCTS IN ACCORDANCE WITH THEIR USER GUIDE. 

Your Account 

Your use of the Services may require an account identifying you as a User (an “Account”). When you create an Account, you will be asked to provide certain information which will be subject to our Privacy Policy, which is accessible here: https://www.algosolutions.com/privacy-policy/. Algo is not under any obligation to verify the actual identity or authority of any person using your Account. 

In connection with your Account, you are solely responsible for (i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and (ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission. We will not be liable for any loss or damage arising from any unauthorized use of your Account. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Algo or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes. 

You must not register for an Account on behalf of any individual other than yourself, or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity. 

You agree to immediately notify us of (i) any unauthorized use of your Account, any service provided through your Account, or any password related to your Account; (ii) any other breach of security with respect to your Account or any service provided through it; or (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account. 

You agree to provide true, current, accurate, and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate. 

We may assign you, or you may create, a password and account identification to enable you to access and use certain portions of the Services. Each time you use a password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms and our Privacy Policy and we have no obligation to investigate the authorization or source of any such access or use of the Services. 

Your Responsibility

Algo is committed to providing a safe and positive experience to all Users. By using our Services, you agree not to: 

• violate copyright, trademark, or other intellectual property laws; 
• advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies; 
• attempt to collect, store, or publish personally identifiable information (i) without the owner’s knowledge and consent, or (ii) of a minor under the age of thirteen (13) in any circumstance; 
• except to the extent required to be permitted by the law of your jurisdiction, reverse engineer, decompile or disassemble, translate, or otherwise attempt to extract the source code from the Services; 
• modify the Software Content in any way, except and only to the extent that applicable law expressly permits, despite this limitation; 
• make the Site Content or Software Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy, or otherwise commercially exploit the Services in any way except in furtherance of your permitted use in accordance with these Terms; 
• use any data mining, robot, or similar data gathering or extraction methods with respect to any Services or any Site or Software Content; 
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; 
• utilize the Services in any way except as expressly permitted by these Terms, including by developing or using any software tool or other application that interfaces with the Services or the Site except for standard web browsers; 
• distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”); 
• send deceptive or false source-identifying information, including “spoofing” or “phishing”; 
• access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes; 
• disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Services; 
• attack, abuse, interfere with, disrupt, or exploit any Users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including, but not limited to, Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware); and 
• authorize, permit, enable, induce, or encourage any third party to do any of the above. 

If you violate these Terms, your access to the Services may be terminated immediately and without notice. Be respectful and use our Services for the intended purposes. 

To use the Services, you may need certain hardware, software, capabilities, and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost. 

Payment

You agree to pay any fees applicable to your use of the Services, including fees and charges applicable to your purchases as detailed in each order you complete on our Site. Your placement of an order is an offer to us to buy a Product, and is subject to our acceptance. You must provide and always maintain accurate, complete, and current billing information, including your postal/zip code, credit card number, and credit card expiration date in order for us to process payment. We may suspend or terminate your access to the Services if your offered payment method (e.g., credit card) cannot be processed. In addition, orders may not be accepted from certain jurisdictions. By providing a payment method, you expressly authorize us and/or our third-party payment processor to charge the applicable fees on said payment method, as well as taxes and other charges related thereto, all of which depend on the Services you utilize. You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees. If you provide a payment method and our charge results in an overdraft, chargeback, or other fee from your bank, you alone are responsible for that fee. If you become aware of a potential breach of security to your billing information (such as credit card loss or theft), you must notify us immediately. 

We reserve the right at any time and from time to time to change, modify, add, remove, suspend, cancel, or discontinue any aspect of the Services in our sole discretion. You agree that we will not be liable if, for any reason, all or any part of our Services are changed, withdrawn, terminated, restricted to Users, or unavailable at any time or for any period, or if such restriction or unavailability impacts the use, functionality or value of the Services. 

Cancellation and Refund Policy

Accepted orders are non-refundable and may not be cancelled, changed, or assigned within sixty (60) business days before any scheduled or requested delivery dates without payment of applicable charges and the authorized written consent of Algo. 

Prices / Delivery Terms

Prices for goods in our published list are in effect on the date of the invoice. Prices for our Products are subject to change without notice. All shipments are FCA, Burnaby, BC, Canada. Priority overnight orders are accepted until 1:00 PM PST (4:00 PM EST). Any orders with priority overnight shipping placed after 1:00 PM PST (4:00 PM EST) will ship the next day. Overnight deliveries are subject to the carrier’s ability to deliver. 

Title to any Products will remain with Algo until Algo is fully paid for such Products, including any interest and fees payable, notwithstanding that they were billed or not. 

Note, once the order leaves Algo’s facility in Burnaby, BC, Canada, the buyer will carry all liability for product damage or loss. 

Exports and Location 

You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by us hereunder, to any country for which Canada, the United States, or any other jurisdiction we may identify prior to your purchase requires any export licence or other governmental approval at the time of export without first obtaining such licence or approval. In particular, but without limitation, the Services may not be exported or re-exported: (i) into any comprehensively embargoed countries or any country that your jurisdiction’s government has included on any official terrorism or terrorism-related lists; (ii) to any governments of such countries; or (iii) to anyone listed on your jurisdiction’s list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person’s List or Entity List, or Public Safety Canada’s terrorist entities list. 

We administer and operate the Services from Canada. Although the Services are accessible in many territories throughout the world, not all features, Products or Services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, Product or Services to any person or geographic area. Any offer for any features, Products or Services made is void where prohibited. If you choose to access the Services from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws. 

Force Majeure

Algo will not be responsible nor deemed to be in default on account of delays in performance due to causes that are beyond our control and not occasioned by our fault 

or negligence and which make our performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other act of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required licenses or certificates, acts of God or the public enemy, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work provided such cause is beyond our reasonable control. 

No Warranty

Certain Algo Products are governed by our Limited Hardware Warranty Policy (the “Limited Warranty”). The current Limited Warranty is available at [www.algosolutions.com/warranty]. Algo reserves the right to amend the Limited Warranty in its sole discretion from time to time. In the event that Algo amends the Limited Warranty, Algo will (i) provide a notice on its Website; and (ii) if you have an active Account, Algo will send a notice email to the email you have associated with your Account. The version of the Limited Warranty that will apply to a purchase will be the version of the Limited Warranty that was in place at the time you made your purchase or you registered your Product in accordance with the Limited Warranty, whichever is later. In the event of any necessary conflict between the terms of the Limited Warranty and these Terms, these Terms will govern to the extent necessary to resolve the conflict. 

EXCEPT TO THE EXTENT THAT THE LIMITED WARRANTY APPLIES TO A PARTICULAR PRODUCT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SERVICE, INCLUDING OUR PRODUCTS, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, AND WE HEREBY DISCLAIM ALL DUTIES, LIABILITIES, REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES, INCLUDING ALL PRODUCTS, EITHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING THE BRITISH COLUMBIAN SALE OF GOODS ACT [RSBC] CHAPTER 410 AND ALL SUBSTANTIVELY SIMILAR LEGISLATION THAT WOULD OTHERWISE BE APPLICABLE), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, PERFORMANCE, RESULTS, SUITABILITY, CAPACITY, SAFETY, TIMELINESS, QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE, OR OTHERWISE HOWSOEVER, IN CONNECTION WITH THE SERVICES. WHERE DISCLAIMERS OF ANY OF THE ABOVE DISCLAIMERS ARE NOT PERMITTED BY APPLICABLE LAWS, THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET OUT IN THE LIMITED WARRANTY, IF APPLICABLE. 

ALGO DOES NOT PROMISE THAT THE PRODUCTS AND SERVICES WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PRODUCTS AND SERVICES WILL PRODUCE SPECIFIC RESULTS. YOU USE THE SERVICES AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE PRODUCTS AND SERVICES. 

THE ABOVE DISCLAIMERS DO NOT LIMIT OR EXCLUDE ANY RIGHTS PROVIDED UNDER APPLICABLE LEGISLATION THAT CANNOT BE LIMITED OR EXCLUDED UNDER SUCH LEGISLATION, INCLUDING WITHOUT LIMITATION CONSUMER PROTECTION LAWS. CUSTOMERS OUTSIDE NORTH AMERICA MAY HAVE ADDITIONAL RIGHTS UNDER LOCAL CONSUMER LAWS. 

No oral or written information or advice given by us or Our Partners shall create a representation or warranty. Should any Products or Services prove defective, you shall assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. 

Disclaimers and Limitations of Liability 

Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Algo or any third party. All rights not expressly licensed are reserved. 

Although we have attempted to provide accurate information on our Site, we assume no responsibility for the accuracy of the information. 

Our Site contains links to third-party sites (“Third-Party Sites”). We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. We make no representations about any Third-Party Sites that may be accessed from or through our Site, nor do we have any control over the contents of those Third-Party Sites. Access to Third-Party Sites linked to this Site is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites. We are not liable or responsible for any consequences, losses, harm or damages that may arise from your access or use of any Third-Party Sites, including, without limitation, your purchase or use of, or access to, goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites. We encourage you to review carefully the terms, policies and practices of such Third-Party Sites and ensure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products, services, websites, applications or resources should be directed to the third-party provider, owner or operator thereof. 

We may change the programs or Products mentioned at any time without notice. Mention of non-Algo products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided on our Site, not all Products or programs mentioned will be available in your country. Please contact your local sales representative for information as to Products and Services available in your country. 

Your use of the Services may depend on the internet, including networks, cabling, facilities, and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use, or consistency, and (ii) data, messages, information, or materials sent over the internet may not be completely private, and your anonymity is not guaranteed. 

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR PARTNERS, OR SUCH PARTIES RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, RESELLERS, INTEGRATORS OR DISTRIBUTORS (COLLECTIVELY, THE “ALGO PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS, THE PRODUCTS, THE SERVICES, OR ANY CONTENT OR SOFTWARE IN CONNECTION THEREWITH, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IF SUCH DAMAGES OR LOSSES WOULD BE REASONABLY FORESEEABLE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: 

1. SENDING, RECEIVING, NOT SENDING, NOT RECEIVING, LOSS, DELETION, OR ALTERATION OF ANY TRANSMISSIONS, DATA, OR TRANSACTIONS ENTERED INTO THROUGH OR USING THE PRODUCTS OR THE SERVICES; 
2. ANY SUSPENSION, CURTAILMENT, RESTRICTION, TERMINATION, OR OTHER LIMITATION PLACED ON YOUR USE OF THE PRODUCTS, THE SERVICES, OR YOUR ACCOUNT; 
3. ANY ACT OR OMISSION OF YOU OR ANY THIRD PARTY, INCLUDING ANY THREATENING, HARMFUL, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS; 
4. THE PERFORMANCE OR LACK THEREOF OF THE PRODUCTS OR THE SERVICES; 
5. THE LACK OR FAILURE TO MEET EXPECTED OR SPECIFIC RESULTS FROM THE USE OF THE PRODUCTS OR THE SERVICES; 
6. YOUR FAILURE TO USE OUR SERVICES AND PRODUCTS IN ACCORDANCE WITH ANY APPLICABLE SER GUIDE, EULA, OR OTHER DOCUMENTATION PROVIDED BY ALGO; 
7. THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION, OR DATA (INCLUDING ANY SOFTWARE) RELATED TO THESE TERMS OR VIEWED, DOWNLOADED, ACCESSED, OR TRANSMITTED USING, OVER, OR THROUGH THE PRODUCTS OR THE SERVICES, INCLUDING MATERIAL THAT INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS; AND 
8. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES, TROJAN HORSES, SPYWARE, SPAM, OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL, OR DATA OVER OR THROUGH OUR SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES. 

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO ALGO FOR THE SERVICES OR PRODUCTS THAT GAVE RISE TO THE CLAIM; AND (ii) $500.00. 

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION OF LIABILITY IN THESE TERMS (i) IS A FUNDAMENTAL PROVISION OF THIS AGREEMENT AND REFLECTS THE COMMERCIAL BARGAIN BETWEEN THE PARTIES, AND (ii) WAS A MATERIAL CRITERIA IN DETERMINING THE PRICES CHARGED FOR THE SERVICES AND PRODUCTS RENDERED HEREUNDER AND THAT ABSENT THE LIMITATION OF LIABILITY, THE PRICES WOULD BE MATERIALLY DIFFERENT. 

THE LIMITATION OF LIABILITY PROVISIONS IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE OR IF SUCH CLAIM IS FOR A BREACH OF A FUNDAMENTAL OBLIGATION. 

Applicability – Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, DUTY, RIGHT, OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. 

Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold the Algo Parties harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges, and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by the Algo Parties relating to or arising from (i) access to or use, by you or permitted by you, of the Products, the Services, or your Account; (ii) any of your acts or omissions, including, without limitation, breach, or non-performance of these Terms; or (iii) any violation of any third-party rights, including, without limitation, the infringement of third-party intellectual property rights in relation to your use of the Products or the Services. 

Privacy Policy 

We are responsible for all information, personal or otherwise, under our control, even if it is not in our possession. We have developed policies and procedures to deal with the proper collection, use, and disclosure of personal information. You acknowledge that you have read the terms of the Privacy Policy located on the Site at https://www.algosolutions.com/privacy-policy/, and hereby consent to the collection, use and disclosure by us and our agents of your personal information in accordance with the Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms. 

Feedback

All right, title, and interest in and to comments, ideas, suggestions, and impressions of the Services and our Products given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign all right, title, and interest in and to such Feedback to us. By sending Feedback to us, you agree that the Feedback is provided on a non-confidential and non-proprietary basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way. 

Termination

We may, in our sole discretion, suspend, restrict, or terminate your use of the Site, including your Account, effective at any time, without notice to you, for any reason, including: (i) if the operation or efficiency of the Site or our or any third party’s equipment or network is impaired by your use of the Site; (ii) we have received a third-party complaint which relates to your use or misuse of the Site; (iii) or you have been or are in breach of any term or condition of these Terms. You will remain liable for all amounts due up to and including the date of termination. 

General Provisions 

Interpretation – In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms; (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected; (iii) all references to Service shall also include any successor or replacement applications containing substantially similar information as the referenced Service(s); and (iv) any monetary amounts expressed are in Canadian dollars. 

Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers, and remedies in these Terms, including without limitation the right to suspend, restrict, or terminate your access to any portion of the Services, are cumulative and in addition to and not in substitution for any right, power, or remedy that may be available to us at law or in equity. 

Severability – If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect. 

Notifications – Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, or through conspicuous posting of such notice on the Services, as we may determine in our sole discretion. 

Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms. 

Assignment and Inurement – We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns. 

Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms. 

Relationship – You agree that no joint venture, partnership, employment, or agency or mandate relationship exists between us and you as a result of these Terms or your use of the Services. 

Entire Agreement – These Terms, as amended from time to time, including the Limited Warranty and any and all other documents, applications, rules, terms and policies referenced herein, and any other agreements entered into between us and you, as applicable, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and the Services, and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters. 

Revisions and/or Changes 

These Terms were last updated on June 11, 2025. We reserve the right in our sole and absolute discretion to revise and update these Terms from time to time. We will occasionally update these Terms and revise the “last updated” date appearing in this paragraph. 

To ensure that these Terms are up to date and in compliance with applicable laws, we reserve the right to make changes, which will become effective 30 days following our providing notice thereof. If we make any material changes, we will either (i) notify you by email (sent to the email address listed in your Account), or (ii) provide a notice on the Services or otherwise through the Services before the change becomes effective. Any change to these Terms will apply the date that the updated Terms is posted or on the date as specified in the notification, whichever is sooner. We encourage you to periodically review this page for the latest information to ensure you are aware of any changes. Your continued use of the Services now, or your continued use of the Services following the implementation of updated Terms, signifies your acceptance of any changes to these Terms. 

Contact Us 

You can direct any questions, concerns, or complaints regarding our compliance with these terms by emailing info@algosolutions.com. 

This is the only authorized way to contact us, and we are not responsible or liable for any third-party advertisement, publication, or communication that provides alternative ways to contact us or uses other measures to pose as us.