Terms of Service

By accessing or using the website located at socketcanada.com (the “Site”) or engaging SocketCanada Inc. (“SocketCanada”, “we”, “our”, or “us”) for any services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Site or engage our services. These Terms constitute a legally binding agreement between you (or your organization) and SocketCanada Inc., a corporation incorporated under the laws of Canada.

SocketCanada provides enterprise software engineering, cloud architecture consulting, AI systems integration, platform modernization, API engineering, and DevOps automation services (collectively, “Services”). The specific scope, timeline, deliverables, and fees for any engagement are defined in a separate Statement of Work (“SOW”) or Master Services Agreement (“MSA”) executed between the parties.

Nothing in these Terms creates an obligation for SocketCanada to provide any specific services. All service engagements are subject to mutual agreement and executed contracts.

You may use the Site for lawful purposes only. You agree not to:

• Use the Site in any way that violates applicable Canadian federal or provincial law or regulation.
• Attempt to gain unauthorized access to any portion of the Site, server, network, or system connected to the Site.
• Transmit any unsolicited or unauthorized advertising, promotional material, or spam in violation of CASL.
• Use automated tools, bots, or scrapers to collect information from the Site without our prior written consent.
• Introduce any malicious code, virus, or disruptive technology into the Site.
• Impersonate SocketCanada, its employees, or any other person or entity.

All content on the Site — including but not limited to text, graphics, logos, icons, code samples, and design — is the property of SocketCanada Inc. or its licensors and is protected by Canadian and international copyright law.

Client work: Unless otherwise specified in a signed SOW or MSA, all custom software, systems, and deliverables produced by SocketCanada for a client become the property of that client upon full payment. SocketCanada retains the right to use general methods, techniques, and know-how developed during engagements in future work.

Proprietary products (including Kinkip and Tellimart) remain the exclusive intellectual property of SocketCanada Inc. and are subject to separate licensing agreements.

Both parties acknowledge that during any service engagement, each may receive access to confidential and proprietary information of the other (“Confidential Information”). Each party agrees to hold all Confidential Information in strict confidence, not to disclose it to third parties without prior written consent, and to use it solely for the purposes of the engagement. This obligation survives the termination of any services relationship for a period of five (5) years. A separate Non-Disclosure Agreement (“NDA”) may be executed at either party's request.

All fees for SocketCanada's services are set out in the applicable SOW or MSA. Unless stated otherwise:

• Invoices are due within net 30 days of the invoice date.
• Overdue invoices may attract interest at a rate of 1.5% per month (18% per annum) compounded monthly.
• All fees are quoted in Canadian Dollars (CAD) unless otherwise agreed in writing.
• Applicable taxes (HST/GST) will be added as required by law.
• SocketCanada reserves the right to suspend services if payment obligations are not met.

SocketCanada warrants that it will perform services with reasonable skill, care, and diligence consistent with industry standards for enterprise software engineering. Where a specific SOW includes performance criteria, SocketCanada will use commercially reasonable efforts to meet those criteria.

Website disclaimer: The Site and its content are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement, to the fullest extent permitted by applicable law.

To the maximum extent permitted by applicable Canadian law, in no event shall SocketCanada, its officers, directors, employees, or agents be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or Services.
• Loss of profits, revenue, data, goodwill, or business opportunities.
• Any errors, omissions, interruptions, or delays in the Site or Services beyond SocketCanada's reasonable control.

Where liability cannot be excluded by law, SocketCanada's maximum aggregate liability to you for any claim arising from a specific engagement shall not exceed the total fees paid by you to SocketCanada in the three (3) months preceding the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless SocketCanada and its officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, judgments, awards, losses, costs, or fees (including legal fees) arising out of or relating to your violation of these Terms, your use of the Site, or your provision of inaccurate information to SocketCanada.

SocketCanada reserves the right to terminate or suspend your access to the Site at any time, with or without cause or notice, if we determine that you have violated these Terms or applicable law. Termination of any service engagement is governed by the applicable SOW or MSA. Provisions that by their nature should survive termination (including Sections 4, 5, 8, 9, and 12) shall survive.

These Terms and any disputes arising from them shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

The parties agree to first attempt to resolve any dispute through good- faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Toronto, Ontario, under the Arbitration Act, 1991 (Ontario), before a single arbitrator mutually agreed upon by the parties. Notwithstanding the foregoing, either party may seek interim injunctive or equitable relief from a court of competent jurisdiction.

We may modify these Terms at any time. Updated Terms will be posted on this page with a revised “Last Updated” date. For material changes, we will provide at least 14 days' notice via a prominent notice on the Site. Continued use of the Site after the effective date of any changes constitutes your acceptance of the updated Terms. If you disagree with any changes, you must stop using the Site.

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: SocketCanada's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Entire Agreement: These Terms, together with any applicable SOW, MSA, or NDA, constitute the entire agreement between you and SocketCanada regarding the subject matter herein.
• Language: The parties have expressly requested that these Terms and all related documents be drafted in English.

For questions about these Terms, please contact our legal team: