1 Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Miskulin Technologies ("we," "us," "our," or "Company"), governing your access to and use of our websites, applications, and related services (collectively, the "Services").
By creating an account, accessing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you must not access or use our Services. Your continued use of the Services after any modifications to these Terms constitutes your acceptance of the revised Terms.
2 Description of Service
Miskulin Technologies provides a multi-vertical software-as-a-service (SaaS) platform that delivers industry-specific operations software to businesses across North America. Our platform encompasses specialized solutions for various industries, including but not limited to:
- Agriculture operations and farm management
- Fleet management and logistics
- Field service management and trade verticals (electrical, HVAC, plumbing, concrete, construction)
- Nursing and healthcare workforce management
- Mining operations and compliance
- Real estate transactions and property management
- Cannabis compliance and seed-to-sale tracking
- Automotive dealership and mechanic shop management
- Beauty and wellness business management
- Cattle ranching and herd management
- Vacuum truck hauling and oilfield services
- Directional drilling operations
- Tire shop management
- Insurance brokerage operations
- Wellness and health management
Each vertical platform includes web-based applications and may include companion mobile applications. Features, functionality, and availability may vary by platform and subscription tier. We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice to affected users.
3 Account Registration & Security
To access our Services, you must create an account and provide accurate, complete, and current information during the registration process. You are responsible for maintaining the accuracy of your account information at all times.
3.1 Account Responsibilities
- You are responsible for maintaining the confidentiality of your account credentials, including your password and any API keys or tokens associated with your account.
- You are responsible for all activities that occur under your account, whether or not you have authorized such activities.
- You must immediately notify us of any unauthorized use of your account or any other breach of security at investor@miskulintechnologies.com.
- You may not share your account credentials with any third party or allow multiple individuals to use the same account, unless authorized by a multi-user subscription plan.
3.2 Account Administration
For organizational accounts, the account administrator is responsible for managing user access, roles, and permissions within the platform. The administrator agrees to ensure that all users under their organization comply with these Terms. Role-based access controls are provided to help administrators manage permissions in accordance with their organizational policies.
4 Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services in any manner that violates applicable federal, provincial, state, or local laws or regulations.
- Attempt to gain unauthorized access to any portion of the Services, other user accounts, computer systems, or networks connected to the Services.
- Interfere with, disrupt, or create an undue burden on the Services or the networks and servers connected to the Services.
- Upload, transmit, or distribute any malicious code, viruses, or any other harmful or destructive software.
- Use any automated means (including bots, scrapers, or crawlers) to access or collect data from the Services without our prior written consent.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Services.
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
- Use the Services to store or transmit infringing, libelous, defamatory, or otherwise unlawful or tortious material.
- Use the Services to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights.
- Impersonate any person or entity or falsely claim an affiliation with any person or entity.
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation suspending or terminating the offending user's account and reporting such conduct to law enforcement authorities.
5 Intellectual Property
All software, designs, trademarks, service marks, trade names, logos, and all other intellectual property associated with the Services are and shall remain the exclusive property of Miskulin Technologies.
5.1 Our Intellectual Property
The Services, including all content, features, functionality, software, code, user interfaces, designs, graphics, trademarks, service marks, trade names, logos, domain names, and all related intellectual property rights, are owned by Miskulin Technologies or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
5.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the term of your subscription. This license does not include the right to:
- Modify, adapt, or create derivative works based on the Services
- Sublicense, lease, rent, loan, or otherwise transfer the Services to any third party
- Use the Services to develop a competing product or service
- Remove, alter, or obscure any proprietary notices or labels on the Services
5.3 Feedback
If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner without any obligation, restriction, or compensation to you.
6 User Content & Data Ownership
6.1 Your Data
You retain all rights, title, and interest in and to the data and content that you upload, submit, store, or transmit through the Services ("User Data"). We do not claim any ownership rights over your User Data. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data.
6.2 License to Use Your Data
By uploading or submitting User Data to the Services, you grant us a limited, non-exclusive, worldwide license to use, copy, store, transmit, and display your User Data solely to the extent necessary to provide, maintain, and improve the Services. This license terminates when you delete your User Data from the Services or when your account is terminated, subject to applicable data retention requirements.
6.3 Data Portability
Upon request, we will provide you with the ability to export your User Data in a commonly used, machine-readable format. We will make reasonable efforts to fulfill data export requests within 30 days. Certain data may not be exportable due to technical limitations or third-party licensing restrictions, but we will inform you of any such limitations.
7 Payment Terms & Billing
7.1 Fees
Access to certain features of our Services requires payment of fees as described in the applicable pricing plan or order form. All fees are quoted and payable in the currency specified at the time of purchase (CAD or USD). Prices are exclusive of applicable taxes unless otherwise stated.
7.2 Billing Cycle
Subscription fees are billed in advance on a recurring basis, either monthly or annually, depending on the billing cycle you select at the time of purchase. Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date.
7.3 Payment Methods
We accept payment via major credit cards, debit cards, and other payment methods as made available through our payment processor. You authorize us to charge your selected payment method for all fees due under your subscription. If your payment method fails or your account is past due, we reserve the right to suspend or restrict access to your account until payment is received.
7.4 Price Changes
We reserve the right to modify our pricing at any time. Any price changes will take effect at the start of the next billing cycle following notice. We will provide at least 30 days' written notice of any price increase. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.
7.5 Refunds
Fees are generally non-refundable except as expressly set forth in these Terms or as required by applicable law. If you believe you have been charged in error, contact us at investor@miskulintechnologies.com within 30 days of the charge, and we will review your request in good faith.
8 Subscription & Cancellation
8.1 Subscription Terms
Your subscription begins on the date you complete the registration and payment process. The subscription continues for the initial term selected (monthly or annual) and automatically renews for successive periods of the same duration unless cancelled in accordance with these Terms.
8.2 Cancellation by You
You may cancel your subscription at any time through your account settings or by contacting us at investor@miskulintechnologies.com. Upon cancellation:
- Your subscription will remain active until the end of the current billing period.
- You will not be charged for subsequent billing periods.
- No prorated refunds will be issued for the remaining unused portion of the current billing period, unless required by applicable law.
- You will retain access to your User Data for a period of 30 days following the end of your subscription, during which you may export your data.
8.3 Cancellation by Us
We may suspend or terminate your subscription if you breach these Terms, fail to pay fees when due, or engage in conduct that we reasonably determine to be harmful to our Services, other users, or third parties. We will provide notice of termination where practical and may offer an opportunity to cure the breach before termination takes effect.
9 Service Availability & Uptime
We use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, with a target uptime of 99.9% (excluding scheduled maintenance). However, we do not guarantee uninterrupted, error-free, or secure access to the Services.
The Services may be temporarily unavailable due to:
- Scheduled Maintenance: We will provide advance notice of planned maintenance windows whenever possible, typically via email or in-platform notification.
- Emergency Maintenance: Unplanned maintenance to address critical security vulnerabilities or system failures may occur without advance notice.
- Force Majeure: Events beyond our reasonable control, including natural disasters, acts of government, pandemic, war, terrorism, labor disputes, power failures, internet disruptions, or cyberattacks.
We will make commercially reasonable efforts to restore service as quickly as possible following any disruption. Service status information is available on our status page.
10 Limitation of Liability
Please read this section carefully, as it limits the liability of Miskulin Technologies and its affiliates, officers, employees, agents, and contractors.
10.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MISKULIN TECHNOLOGIES, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 Cap on Liability
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
10.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
11 Indemnification
You agree to indemnify, defend, and hold harmless Miskulin Technologies and its affiliates, directors, officers, employees, agents, contractors, and licensors from and against any and all claims, demands, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your access to or use of the Services
- Your violation of these Terms
- Your violation of any applicable law, regulation, or third-party right
- Your User Data or any content you submit, post, or transmit through the Services
- Your negligence or willful misconduct
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent.
12 Dispute Resolution
12.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at investor@miskulintechnologies.com to attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for a period of at least 30 days from the date of the initial notice before pursuing formal resolution.
12.2 Jurisdiction & Venue
Any dispute, claim, or controversy arising out of or related to these Terms or the Services that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of the Province of Saskatchewan, Canada. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the inconvenience of such forum.
12.3 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
13 Governing Law
These Terms and any dispute or claim arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles.
For users located in the United States, to the extent that US federal law applies to any aspect of these Terms or the Services, such federal law shall apply. However, all other disputes shall be governed by Saskatchewan law as set forth above.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.
14 Termination
14.1 Termination by You
You may terminate your account and these Terms at any time by cancelling your subscription and ceasing all use of the Services. The process for account termination is described in Section 8.2.
14.2 Termination by Us
We may terminate or suspend your access to the Services immediately, without prior notice or liability, if:
- You breach any provision of these Terms
- You fail to pay any fees when due
- We are required to do so by law or government order
- We reasonably believe that your conduct may create liability for Miskulin Technologies
- We discontinue the Services or any material portion thereof
14.3 Effect of Termination
Upon termination of these Terms:
- Your right to access and use the Services will cease immediately.
- You remain liable for all fees and charges incurred prior to the termination date.
- We will retain your User Data for a period of 30 days, during which you may request export of your data. After this period, we may permanently delete your User Data, except as required to be retained by applicable law.
- Sections of these Terms that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law) shall continue to apply.
15 Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Last Updated" date at the top of this page
- Post the revised Terms on our website
- Provide notice to registered users via email at least 30 days before material changes take effect
- Where required by law, obtain your affirmative consent before material changes apply to your use of the Services
Non-material changes (such as clarifications, typographical corrections, or formatting updates) may be made without advance notice. Your continued use of the Services following the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and may terminate your account in accordance with Section 8.2.
16 Contact Us
If you have any questions, concerns, or notices regarding these Terms of Service, please contact us:
Email: investor@miskulintechnologies.com
Address: Saskatchewan, Canada
Website: miskulintechnologies.com
For legal notices, all notices to Miskulin Technologies must be sent to the email address above and shall be deemed received upon confirmation of delivery. Any legal notice that we send to you shall be sent to the email address associated with your account and shall be deemed received 24 hours after it is sent.