Terms of Service

Last updated: October 11, 2024

These Terms of Service (“Terms”) govern your access to and use of the software services provided by Nutech TMS (“Software”, “Service”,”Company”,”us”, “we”, or “our”).

Please carefully review the terms and conditions of this Software as a Service Agreement prior to using the company’s software or services. By accessing or utilizing the company’s software or services, you, the customer, are indicating your acceptance and agreement to the terms and conditions outlined in this Software as a Service Agreement. Your acceptance of this agreement confirms that you have read, understood, and agreed to all its terms, and you are consenting to be legally bound by it. If you disagree with any part of the terms and conditions of this Software as a Service Agreement, refrain from accessing or using the services.

Unless otherwise agreed upon in writing by both parties, these terms and conditions are incorporated by reference into any sales order or purchase order (“Sales Order”) that is signed and executed between you and us.

We reserve the right, at our sole discretion, to amend, modify, or replace these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting on our website or other platforms where we provide our services. We will make every effort to notify you of any significant changes to these Terms of Service, typically through email or notifications within our service platform. Your continued use of our services after such modifications will constitute acknowledgement and acceptance of the modified terms. If you do not agree to the amended terms, you must stop using our services immediately. It is your responsibility to periodically review these Terms of Service to stay informed about updates. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

3. Software Services

The software services provided by the company are delivered on an ‘as is’ and ‘as available’ basis. We strive to maintain the highest quality of service but do not guarantee that our services will be uninterrupted, timely, secure, or error-free, or that any data, content, or information you obtain on or through our services will be accurate or reliable. We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that we will not be liable for any modification, suspension, interruption or discontinuance of the services. Your use of the software services is at your own risk and discretion, and you will be solely responsible for any damage or loss that results from your use of the services, including but not limited to, any damage to your computer system or loss of data.

4. User Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

5. Intellectual Property

The Service and its original content, features, and functionality, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable license to access and use the services and content, for personal, non-commercial purposes, subject to your compliance with these Terms of Service. You are not allowed to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any service or content unless we give you explicit permission to do so. Unauthorized use of our service or content may breach these laws and our terms and we reserve the right to terminate your use of our service without notice if such unauthorized use is detected.

6. Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the service. However, if you are using a paid version of our service, such termination will not relieve you of any obligations to pay any outstanding fees or charges. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Limitation of Liability

In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Governing Law

These Terms shall be governed and construed in accordance with the provincial and national laws of Manitoba and Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with our Privacy Policy, represent the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Contact Us

If you have any questions about this privacy policy, please contact us:

Contact Details:
[email protected]
(888) 470-2966
1692 Dublin Ave #1, Winnipeg, MB R3H 1A8

Response Time: We aim to respond to all legitimate requests within one week.