Terms of Service

Welcome to NovaSync Systems. These Terms of Service ("Terms") govern your access to and use of our website at novasyncsystems.com (the "Website") and the services we provide. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.

1. Acceptance of Terms

By accessing and using this Website, you accept and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Website.

2. Description of Services

NovaSync Systems provides industrial automation systems, embedded control platforms, cloud-connected monitoring solutions, and related engineering services. The Website provides information about our services, technical resources, and contact methods for potential and existing clients.

3. Use of Website

3.1 Permitted Use

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

• Use the Website in any way that violates any applicable federal, provincial, or local law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
• Use the Website to transmit any advertising or promotional material, spam, or other unsolicited communications
• Impersonate or attempt to impersonate NovaSync Systems, our employees, another user, or any other person or entity
• Engage in any automated use of the system, such as using scripts to send comments or messages
• Interfere with, disrupt, or create an undue burden on the Website or the networks connected to the Website
• Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
• Use any device, software, or routine that interferes with the proper working of the Website

3.2 Account Security

If you create an account or login credentials for any services we provide, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4. Intellectual Property Rights

4.1 Our Content

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by NovaSync Systems, its licensors, or other content providers and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal or internal business purposes. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any content from the Website without our prior written consent
• Use any content from the Website for commercial purposes without our express written permission
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices

4.3 Trademarks

NovaSync Systems, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NovaSync Systems. You may not use such marks without our prior written permission.

5. User-Generated Content

5.1 Submissions

If you submit any content, comments, feedback, suggestions, or other materials to us through the Website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, publish, and distribute such content in any manner.

5.2 Responsibility for Content

You are solely responsible for any content you submit. You represent and warrant that you own or have the necessary rights to any content you submit and that such content does not violate any third-party rights or applicable laws.

6. Professional Services

6.1 Service Agreements

The provision of our industrial automation and control services is governed by separate written service agreements between NovaSync Systems and our clients. These Terms do not constitute a service agreement or engagement for professional services.

6.2 No Professional Relationship

The information provided on this Website is for general informational purposes only and does not constitute professional advice. Use of the Website does not create a client-service provider relationship between you and NovaSync Systems.

6.3 Technical Information

Any technical information, specifications, or guidance provided on the Website is general in nature and should not be relied upon for specific applications without consulting with our engineering team.

7. Third-Party Links and Resources

The Website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services available from these third-party sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

8. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF CONTENT.

We do not warrant that:

• The Website will be available at any particular time or location, uninterrupted, or secure
• Any defects or errors will be corrected
• The Website is free of viruses or other harmful components
• The results of using the Website will meet your requirements

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOVASYNC SYSTEMS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Website
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED CANADIAN DOLLARS ($100 CAD), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless NovaSync Systems and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

11. Governing Law and Jurisdiction

These Terms and your use of the Website are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.

Any legal action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the courts located in Toronto, Ontario, Canada. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

12. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Website, the parties agree to first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiations within thirty (30) days, either party may pursue available legal remedies.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Website with a new "Last Updated" date. Your continued use of the Website after such changes constitutes your acceptance of the modified Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid provision that most closely matches the intent of the original provision.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NovaSync Systems regarding your use of the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

16. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by NovaSync Systems.

17. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

18. Contact Information

If you have any questions about these Terms, please contact us:

19. Acknowledgment

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.