Terms of Service

Effective Date: March 2025

Last Updated: March 2025

Welcome to ThirdSentry. These Terms of Service ("Terms") govern your access to and use of our website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

Definitions

  • "ThirdSentry," "we," "us," or "our": Refers to ThirdSentry, Inc., including its affiliates and subsidiaries.
  • "User," "you," or "your": Refers to any individual or entity accessing or using our Services.
  • "Services": Encompasses all products, services, content, features, technologies, or functions offered by ThirdSentry, including our website and platform.
  • "Content": Includes all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials accessible through our Services.

3. Eligibility

By using our Services, you represent and warrant that:

  • You are at least 18 years of age or the legal age of majority in your jurisdiction.
  • You have the legal capacity and authority to enter into these Terms.
  • You are not prohibited from using our Services under applicable laws.

4. Account Registration

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain and promptly update your account information.
  • Keep your login credentials confidential and secure.
  • Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account.

5. Use of Services

5.1 License Grant

Subject to your compliance with these Terms, ThirdSentry grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

5.2 User Conduct

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable laws.
  • Infringe upon or violate our intellectual property rights or the rights of others.
  • Upload or transmit viruses, malware, or any other harmful code.
  • Interfere with or disrupt the integrity or performance of our Services.
  • Attempt to gain unauthorized access to any part of our Services or related systems.

6. Fees and Payment

6.1 Subscription Fees

Access to certain features of our Services may require payment of subscription fees. You agree to pay all applicable fees in accordance with the terms set forth at the time of purchase.

6.2 Payment Terms

  • Billing: Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) as selected by you.
  • Payment Methods: We accept various payment methods as indicated on our website. You authorize us to charge your selected payment method for all fees due.
  • Taxes: You are responsible for all applicable taxes related to your use of the Services.

6.3 Late Payments

Failure to pay fees when due may result in suspension or termination of your access to the Services.

7. Intellectual Property Rights

7.1 Ownership

All rights, title, and interest in and to the Services, including all related intellectual property, are and will remain the exclusive property of ThirdSentry and its licensors.

7.2 User Content

By submitting or uploading content to our Services, you grant ThirdSentry a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing and improving the Services.

8. Confidentiality

8.1 Definition

"Confidential Information" includes all non-public information disclosed by either party 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.

8.2 Obligations

Both parties agree to:

  • Use Confidential Information solely for the purpose of fulfilling their obligations under these Terms.
  • Not disclose Confidential Information to any third party without prior written consent, except as required by law.
  • Protect Confidential Information with the same degree of care as they use to protect their own confidential information, but in no event less than reasonable care.

9. Data Privacy

Your use of our Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our Services, you consent to the practices described in the Privacy Policy.

10. Term and Termination

10.1 Term

These Terms commence on the date you first use our Services and continue until terminated.

10.2 Termination by You

You may terminate your account at any time by following the account termination procedures on our website or by contacting us directly.

10.3 Termination by ThirdSentry

We may suspend or terminate your access to the Services if:

  • You breach any provision of these Terms.
  • We are required to do so by law.
  • We discontinue the Services.

10.4 Effects of Termination

Upon termination:

  • Your right to use the Services will immediately cease.
  • Any outstanding fees owed by you will become due.
  • Sections of these Terms that by their nature should survive termination will continue in effect.

11. Disclaimers

11.1 "As Is" Basis

The Services are provided on an "as is" and "as available" basis. ThirdSentry disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 No Guarantee

We do not guarantee that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

12. Limitation of Liability

To the fullest extent permitted by law:

  • ThirdSentry shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or related to your use of the Services.
  • In no event shall ThirdSentry's total liability exceed the amount paid by you to ThirdSentry for the Services during the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless ThirdSentry, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

14. Modifications to the Services and Terms

14.1 Changes to Services

We reserve the right to modify or discontinue the Services, temporarily or permanently, with or without notice.

14.2 Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the [State/Country], without regard to its conflict of laws principles.

15.2 Dispute Resolution

  • Negotiation: In the event of a dispute, the parties agree to first attempt to resolve the issue informally through good faith negotiations.
  • Arbitration: If the dispute cannot be resolved through negotiation, it shall be resolved by binding arbitration conducted by a single arbitrator under the rules of [Arbitration Organization] in [State/Country]. The arbitration will be conducted in English, and the decision of the arbitrator shall be final and binding.
  • Jurisdiction: Any legal action or proceeding arising under these Terms that is not subject to arbitration will be brought exclusively in the courts located in [State/Country].

16. Third-Party Services and Links

Our Services may include links to third-party websites or integrate with third-party services. We do not control these third-party platforms and are not responsible for their content, policies, or practices. You are encouraged to review the terms and policies of any third-party services you interact with through our platform.

17. Force Majeure

ThirdSentry shall not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, or internet service interruptions.

18. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and ThirdSentry concerning your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

20. No Waiver

The failure of ThirdSentry to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

ThirdSentry

100-111 5th Ave SW, Suite 401
Calgary AB T2P 3Y6
support@thirdsentry.com
+1 (587) 222-9845
© 2025 ThirdSentry. All rights reserved.