Terms of Service

Introduction

Welcome to Applied Inc. ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website appliedinc.ca and the services we provide.

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Definitions

• "Services" refers to all services provided by Applied Inc., including but not limited to AI process automation, intelligent voice agents, custom software development, consulting, and related technology services.
• "Client" or "you" refers to any individual or entity using our website or services.
• "Website" refers to appliedinc.ca and all related pages.
• "Agreement" refers to any contract or statement of work entered into between you and Applied Inc. for specific services.
• "Content" refers to all text, images, code, designs, and other materials on our website or provided through our services.

2. Acceptance of Terms

2.1 Agreement to Terms

By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending email notification for significant changes

Your continued use of our services after changes constitutes acceptance of the modified Terms.

3. Services

3.1 Service Description

Applied Inc. provides technology services including:

• AI Process Automation: Automated workflows, data processing, and task automation
• Intelligent Voice Agents: AI-powered phone agents for customer service, booking, and lead qualification
• Custom Software Development: Tailored software solutions, integrations, and applications
• Consulting: Technology consulting and process optimization

3.2 Service Scope

Specific services will be defined in individual Agreements, Statements of Work (SOW), or proposals. These Terms apply to all services unless otherwise specified in writing.

3.3 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any service at any time
• Update features, functionality, or technology used
• Change pricing for future services (existing Agreements remain unchanged)

We will provide reasonable notice of material changes to services.

4. Use of Website

4.1 Permitted Use

You may use our website for:

• Learning about our services
• Contacting us for inquiries
• Scheduling consultations
• Accessing resources we provide

4.2 Prohibited Use

You may NOT:

• Use our website for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Introduce viruses, malware, or harmful code
• Copy, reproduce, or redistribute our content without permission
• Use automated systems (bots, scrapers) to access our website
• Impersonate Applied Inc. or our representatives
• Interfere with the proper functioning of our website
• Use our services to harm, harass, or defraud others

4.3 Account Security

If you create an account or receive login credentials:

• You are responsible for maintaining confidentiality
• You are responsible for all activities under your account
• You must notify us immediately of unauthorized use
• We are not liable for losses due to unauthorized account access

5. Client Obligations

5.1 Information Accuracy

You agree to:

• Provide accurate, complete, and current information
• Update information as needed
• Respond promptly to our requests for information
• Ensure you have rights to any materials you provide

5.2 Cooperation

You agree to:

• Provide timely feedback and approvals
• Make available necessary personnel and resources
• Grant access to systems and data as needed for services
• Comply with reasonable requests to facilitate service delivery

5.3 Legal Compliance

You represent and warrant that:

• Your use of our services complies with all applicable laws
• You have obtained all necessary permissions and licenses
• You will not use our services for illegal or unauthorized purposes

6. Payment Terms

6.1 Pricing

Service pricing will be specified in individual Agreements or proposals. Prices are in Canadian Dollars (CAD) unless otherwise stated.

6.2 Payment Schedule

Payment terms will be outlined in your Agreement and may include:

• Upfront deposits (typically 25-50% for custom projects)
• Milestone-based payments
• Monthly retainers
• One-time project fees

6.3 Late Payment

Late payments may result in:

• Interest charges of 1.5% per month (or maximum allowed by law)
• Suspension of services until payment is received
• Termination of Agreement for repeated late payments

6.4 Refunds

Refund policies will be specified in individual Agreements. Generally:

• Deposits are non-refundable once work has commenced
• Unused retainer balances may be refundable (if specified in Agreement)
• Refunds for completed work are not available

6.5 Taxes

All fees are exclusive of applicable taxes (GST, HST, PST). You are responsible for all taxes associated with your purchase.

7. Intellectual Property

7.1 Our Intellectual Property

All content on our website and in our marketing materials, including:

• Text, graphics, logos, images
• Software, code, and applications
• Trademarks and brand elements

are owned by Applied Inc. or our licensors and protected by intellectual property laws.

7.2 Client Materials

You retain ownership of materials you provide to us (data, content, existing code, etc.).

7.3 Work Product

Ownership of work product (custom software, designs, etc.) will be specified in individual Agreements. Generally:

Upon Full Payment:

• Custom software developed specifically for you becomes your property
• You receive necessary licenses to use deliverables
• We retain rights to pre-existing code, libraries, and frameworks

We Retain Rights To:

• Methodologies, tools, and techniques used
• Reusable components and frameworks
• General knowledge and experience gained

7.4 Portfolio Use

We reserve the right to:

• Showcase your project in our portfolio (with your permission)
• Use project as a case study (anonymized if requested)
• Include your logo on our website as a client (with approval)

You may request to be excluded from our portfolio at any time.

8. Confidentiality

8.1 Confidential Information

"Confidential Information" includes:

• Business plans, strategies, and financial information
• Technical data, code, and proprietary systems
• Customer lists and business relationships
• Any information marked as confidential

8.2 Obligations

Both parties agree to:

• Keep Confidential Information secure and confidential
• Use it only for purposes of the Agreement
• Not disclose to third parties without written consent
• Return or destroy Confidential Information upon request

8.3 Exceptions

Confidential Information does not include information that:

• Is publicly available
• Was known prior to disclosure
• Is independently developed
• Is required to be disclosed by law

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

• Services will be performed in a professional manner
• We have the right to provide the services
• We will use commercially reasonable efforts to meet project requirements

9.2 Client Warranties

You warrant that:

• You have authority to enter into Agreements
• Materials you provide do not infringe third-party rights
• You have rights to use systems and data you grant us access to

9.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN INDIVIDUAL AGREEMENTS:

• SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
• WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE SERVICE
• WE DO NOT WARRANT SPECIFIC RESULTS OR OUTCOMES

Some jurisdictions do not allow disclaimer of implied warranties, so some of the above may not apply to you.

10. Limitation of Liability

10.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
• WE ARE NOT LIABLE FOR LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES

10.2 Exceptions

The above limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Violations of your intellectual property rights
• Liabilities that cannot be limited by law

10.3 Third-Party Services

We are not responsible for:

• Third-party software, APIs, or services we integrate
• Actions or failures of your hosting providers or systems
• Data loss due to your systems or procedures

11. Indemnification

11.1 Client Indemnification

You agree to indemnify and hold harmless Applied Inc., our officers, employees, and contractors from claims arising from:

• Your breach of these Terms or any Agreement
• Your violation of any law or third-party rights
• Your use of our services for unauthorized purposes
• Materials or information you provide to us

11.2 Our Indemnification

We will indemnify you against claims that our services infringe third-party intellectual property rights, provided you:

• Notify us promptly of the claim
• Give us control of the defense
• Cooperate with us in the defense

12. Term and Termination

12.1 Term

These Terms remain in effect while you use our website or services.

12.2 Termination by You

You may stop using our services at any time. Specific projects are governed by individual Agreements.

12.3 Termination by Us

We may terminate or suspend access to our website or services:

• Immediately for breach of these Terms
• For non-payment of fees
• If required by law
• If we cease business operations

12.4 Effect of Termination

Upon termination:

• You must stop using our services
• Outstanding fees become immediately due
• Confidentiality obligations survive
• Provisions designed to survive (IP, liability, etc.) remain in effect

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles.

13.2 Jurisdiction

Both parties submit to the exclusive jurisdiction of courts in Vancouver, British Columbia for any disputes.

13.3 Informal Resolution

Before initiating formal proceedings, parties agree to:

• Notify the other party in writing of the dispute
• Attempt good-faith negotiations for 30 days
• Consider mediation if negotiations fail

13.4 Class Action Waiver

You agree to resolve disputes individually, not as part of a class or representative action.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any individual Agreements, constitute the entire agreement between you and Applied Inc.

14.2 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

14.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

14.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.5 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control (natural disasters, war, pandemics, government actions, etc.).

14.6 Independent Contractors

Applied Inc. and Client are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.

14.7 Notices

Notices must be sent to:

Notices to you will be sent to the email or address you provide.

14.8 Language

These Terms are written in English. Any translations are for convenience only. In case of conflict, the English version prevails.

15. Contact Information

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

16. Acknowledgment