Terms and Conditions

1. Introduction

Welcome to our Software as a Service (SaaS) application. This application is provided by Onyz ("we", "us", or "our"). By using our service, you agree to these Terms and Conditions.

2. Services

We offer a business and personal management software solution, available on a monthly subscription basis. Each customer is provided with a custom URL under the domain onyz.app to access our service.

User Responsibility: Please note that the quality of your user experience may be affected by your infrastructure. Therefore, it is the user’s responsibility to ensure they have a stable internet connection and a well-maintained computer system for optimal website access. We recommend this to enjoy the most user-friendly experience with our service.

3. Software Usage and Improvement Suggestions

By using our services, you agree to use the software as provided "as is". While we appreciate and welcome suggestions for improvements, you acknowledge and agree that we are under no obligation to implement any changes or improvements based on your suggestions.

We reserve the right, at our sole discretion, to determine the features, capabilities, and updates included in our software. We may consider user feedback as part of this process, but we make no guarantees about the incorporation of such feedback into our services.

Furthermore, we reserve the right to make changes to our software at any time, including adding, modifying, or removing features. We are under no obligation to notify you of these changes, and we are not responsible for any impact these changes may have on your use of our services.

4. Data Collection and Storage

By using our services, you agree that we may collect and store your business information. This information is stored in our databases, which are located in the United States and Canada.

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal and business information. However, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

We use this information in accordance with our Privacy Policy, and we comply with all applicable laws and regulations regarding data protection in the United States and Canada. If you have any questions about our data collection and storage practices, please refer to our Privacy Policy or contact us at support@onyz.app.

5. Service Availability and Disruptions

Our web application is generally available 24/7, except during scheduled maintenance and unforeseen circumstances. We strive to provide the highest possible uptime for our services, but we cannot guarantee uninterrupted service availability.

We reserve the right to temporarily suspend access to our services for operational purposes, including, but not limited to, maintenance, repairs or software upgrades. We will endeavor to restore the service as soon as reasonably possible.

In no event will we be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your use of the services during these times is at your own risk. This clause does not affect your statutory rights as a consumer.

6. Limitation of Liability for Software Errors

While we strive to provide a high-quality service and take reasonable steps to maintain the functionality and accuracy of our software, we do not guarantee that our services will be free from bugs or errors.

You agree that your use of our services is at your sole risk. We disclaim all warranties, express or implied, in connection with the services and your use thereof.

We will not 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 services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; 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.

7. Compliance with Specific Business Laws and Regulations

As a provider of business/personal management software, we are not responsible for ensuring that your use of our services complies with any specific laws, regulations, or requirements that may be applicable to your business model or operations.

While our software is designed to assist with various aspects of business/personal management, it is your responsibility to understand and comply with all laws, rules, and regulations applicable to your business. This includes, but is not limited to, any industry-specific regulations, data protection and privacy laws, financial reporting requirements, and any other legal obligations.

We strongly recommend that you seek independent legal advice to ensure that your use of our services is in compliance with all applicable laws and regulations.

8. User Responsibilities

As a user of our services, 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.

You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You agree to use our services for lawful purposes only. You are responsible for all activities under your account, including the actions of employees or third parties who you have granted access to your account. Any illegal activities conducted through your account could result in termination of your access to our services and potential legal action against you.

9. Payments

You agree to pay us the fees for the services you select in accordance with the applicable billing plan and payment method. The fees are due in advance at the start of each subscription period and are non-refundable, except as described in the Satisfaction Guaranteed clause. We reserve the right to change the fees at any time upon notice to you. If you do not pay the fees on time, we may suspend or terminate your access to the services. You authorize us to charge your credit card automatically for the recurring payments until you cancel your subscription. You are responsible for keeping your credit card information up to date and notifying us of any changes.

10. Tax Responsibility

As a company based in Ontario, Canada, we comply with all applicable local and national tax laws. All prices for our services are inclusive of any Canadian taxes applicable under the law of Ontario, Canada.

For customers outside of Canada, while we may collect taxes as required by Canadian law, it remains the customer's responsibility to understand and fulfill any additional tax obligations that may arise under their local laws. This may include, but is not limited to, the payment of sales tax, VAT, GST, or other similar taxes or duties.

Please consult with a local tax professional or legal advisor if you have any questions about your tax obligations when purchasing our services.

11. Termination

We reserve the right to discontinue our service at any time; if this happens, we will notify you at least 90 days in advance. You also have the right to cancel your subscription at any time by sending an email request to sales@onyz.app.

If you or we decide to cancel your plan before its expiration, you will be subject to a cancellation fee. The cancellation fee is equal to 50% of the total value you would pay for the remaining period of your plan. This fee is final and must be paid in full at the time of cancellation.

12. Satisfaction Guaranteed

We are the sole and exclusive owners of all intellectual property rights in and to our software and services, including but not limited to any trademarks, logos, designs, graphics, code, content, data and documentation. You acknowledge and agree that you do not acquire any ownership or license rights in or to our intellectual property by using our services. You may only use our intellectual property as authorized by us and in accordance with these terms and conditions.

12. Intellectual Property

We are confident in the quality of our services and, therefore, offer a 30-day satisfaction guarantee. If, within this period, you try our services and are not satisfied, please contact us, and we will cancel your subscription, refunding 100% of the amount paid, even in contracts. After this period, contracts will be subject to a cancellation fee as described in clause 11.

13. Intellectual Property

We are the sole and exclusive owners of all intellectual property rights in and to our software and services, including but not limited to any trademarks, logos, designs, graphics, code, content, data and documentation. You acknowledge and agree that you do not acquire any ownership or license rights in or to our intellectual property by using our services. You may only use our intellectual property as authorized by us and in accordance with these terms and conditions.

14. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

15. Governing Law

These Terms and Conditions are governed by the laws of Canada, province of Ontario.

16. Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. We will notify you of any changes by posting the new Terms and Conditions on this page.

17. Contact Us

If you have any questions about these Terms and Conditions, please contact us at support@onyz.app

Last updated: March 12, 2024