Effective:October 20, 2025
EFORCE RECOVERY SYSTEM INC. dba “my-eforce,”incorporated under the laws of the Province of Alberta (hereinafter "eforce" or "we") operates a platform and mobile application (collectively the "App") that offers certain software services in a hosted environment that provides information analysis and alerts based on health, fitness, location and other data collected from compatible wearable devices and technology (the "Services") for the benefit of its business customers' employees and other third parties users authorized by a business customer ("End Users"), as well as by individual customers who create a user account and subscribe directly on a monthly subscription basis (and not, for the avoidance of doubt, through a business account) (“Individual Users”). For the purpose of these User Terms of Service, a reference to “you” will include both End Users and Individual Users, unless otherwise indicated.
The Services will require connectivity between a compatible device(as described below) and the network facilities of your telecommunications service provider. The Services and App cannot be provided to you and the agreement described in these Terms cannot be performed without eforce processing data about you, including personal information such as location data. Processing of the data you share with eforce ("User Data"), including location data, and audio clips captured through the microphone on your device (only in instances when an alarm is triggered through use of the App), is essential to the Services and App we provide and a necessary part of eforce's performance of the agreement eforce has with you. You agree to maintain and promptly update your User Data. Please review our Privacy Notice for more information on how to manage your privacy controls.
More information about the Service may be found at: https://www.my-eforce.com.
Please note that the Services and App are available only in Canada. The Services and App are not intended to be used for emergency or life-saving purposes and should not be used in place of calling 911 or your local emergency service number in the event of emergency. You are solely responsible for any costs, charges, penalties and fines associated with any emergency service response initiated as a result of or in connection with your use of the Services and the App. The Services and the App are not intended for use by children under 16 years of age.
These terms of use, other documents or additional terms expressly incorporated by reference, and any supplemental terms which eforce makes available to you in connection with the Services (“Terms”) and eforce's Privacy Notice, govern your access to and use of the Services. eforce reserves the right to review accounts and End User and Individual User actions on the Services to ensure compliance with these Terms. You must comply with any applicable third-party terms of agreement when using the Services and the App.
You agree to comply with these Terms and acknowledge that these Terms constitute a binding legal agreement.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES OR APP, OR BY INDICATING YOUR AGREEMENT TO THESE TERMS BY COMPLETING YOUR PROFILE, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS AND EFORCE'S PRIVACY NOTICE. IF YOU DO NOT AGREE TO THESE TERMS OR EFORCE'S PRIVACY NOTICE, DO NOT ACCESS OR USE THE SERVICES. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY THAT MAY BE APPLICABLE TO YOU.
1. Changes to Terms
We reserve the right to revise and update these Terms from time to time, any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services and App. Your continued use of the Services and App following any such change constitutes your agreement to be bound by the Terms as changed. If we make a material change to these Terms, we will notify you by email using the email address that you have provided to us when you register for an account.
2. Registration and User Account
The Services are intended solely for persons who are at least 16 years of age or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
In order to access and use the Services, you must complete your profile registration and maintain an account (“Account”) with us.
(a) Authentication
You must complete your profile / username with a password, and follow the steps to create an Account. You agree to create only one Account for your own use.
(b) Security of User Account
All the information you provide must be correct, current, and complete. You must treat any username, password, or other information you provide to eforce as part of our security procedures as confidential, and you shall not disclose such information to any other person or entity. You must exercise caution when accessing your Account from a public or shared device so that others are not able to view or record your password or other information. You agree that your Account is only to be used by you, and you agree not to provide any other person or entity with access to the Services or App using your username, password or other security information. You also agree to logout from your account at the end of each session. You acknowledge and agree that you are responsible for any emergency escalations and related costs that may occur as a result of you not logging out of your Account at the end of each session. You are further responsible for any password misuse or any other unauthorized access.
(c) Access Requirements and Access
To access and use the Services and App, you must have a compatible wearable device and technology. If you are uncertain whether the Services and App are compatible with a particular wearable device, you should visit www.my-eforce.com, contact your employer or eforce before attempting to use the Services and App with such wearable devices or technology. If you need assistance with accessing any feature of the Services, please email support@my-eforce.com or review the frequently asked questions on https://www.my-eforce.com. You understand that you are responsible for any charges associated with sending communications via your device.
In order to access the Services and App you must provide the App with access to your location, and microphone on your compatible device. Certain additional functionality on your compatible device must be turned on in order to access some of the optional features of the Services made available to you (for example, to activate the automated emergency alert functionality, you must agree for certain health data to be collected and processed by or on behalf of eforce).
The App is available to download from both the Apple App Store and Google Play. Eforce, each Individual User, and each End User acknowledges that neither Apple Inc.("Apple") nor Google LLC ("Google") has any obligation whatsoever to furnish any maintenance and support services with respect to the Services and App. These Terms are concluded directly between eforce and End Users or eforce andIndividual Users, and neither Apple nor Google are responsible for the App and the content thereof.
3. Information Collected Through the App
You acknowledge and agree that eforce may access User Data from the Services and App and collect your User Data stored therein. You also acknowledge and agree that eforce may use your User Data in anonymized and aggregated form in order to train and improve eforce's systems and related services or other products.
If you provide any User Data that is inaccurate or not current or if you have created multiple accounts, or if eforce has reasonable grounds to suspect that such User Data is inaccurate or not current, eforce has the right to suspend or terminate your Account and refuse current or future use of the Services and App. In consideration of your use of the Services and App, you're present that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
If your Account becomes inactive, we may delete your Account and related User Data.
4. DataSecurity
You accept responsibility for all activities that occur under your Account or from your wearable device and mobile devices. eforce endeavours to use reasonable security measures to protect against unauthorized access to your Account. eforce cannot, however, guarantee absolute security of your Account, or your User Data, and eforce cannot promise that its security measures will prevent unauthorized third parties from illegally accessing the Services, the App or its contents. You agree to immediately notify eforce of any unauthorized use of your Account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or User Data you provide to eforce. The use of unique and complex passwords is highly recommended for security reasons.
5. Use of Your Data
The security of your personal information is important to us. Personal information that we collect, use, disclose and otherwise process is described in, and governed by our Privacy Notice. We encourage you to read our Privacy Notice at https://www.my-eforce.com/privacy-policy. eforce will maintain the confidentiality of all personal information collected in connection with the Services and the App, and will not disclose your personal information to third parties unless specifically authorized in these Terms, the Privacy Notice, or as otherwise required or permitted by law.
You acknowledge and agree that eforce may gather feedback from End Users and individual Users by sending, either electronically or in paper form, text message, email, or as a push notification or alert, a survey which will ask the End Users and Individual Users of the Services pertinent questions so that eforce may, at eforce's sole discretion, further develop the Services and App. You acknowledge and agree that eforce may send you other communications, push notifications, text messages, alerts, and/or email messages to you in connection with your use of Services and App, including but not limited to, marketing materials and updates to the Services and App. For more information on how to opt out of receiving marketing communications, please read our Privacy Notice.
eforce will use the contact information that you provide to send you emails or text messages or to contact you or your emergency contact by telephone (through our emergency dispatch and remote monitoring partner(s)) aspart of the emergency response protocol if an alert is triggered that is associated with your Account. This process is further described in section 7 below. You represent that you are authorized to provide any third party contact information that you provide to eforce as part of the registration process, that you are authorized to use and provide such information to contact (including for eforce to contact on your behalf) your emergency contact and that eforce may process such information pursuant to the Privacy Notice.
When an alert is triggered, your location will also be shared with agents from our emergency dispatch and remote monitoring service until the alert is resolved. Location data will also be shared with emergency contacts and emergency services.
6. User Obligations
This section applies to both End Users and Independent Users. You covenant and agree:
(i) to comply with any instructions or mandates provided to you by your employer, or the company that has authorized your access, in connection with your use of the Services and the App, to the extent applicable;
(ii) to comply with all applicable laws, including without limitation privacy and data protection laws, in your use of the Services and the App and your handling of personal information accessed or received through such use;
(iii) that you shall be liable for any breach of obligations owed to eforce under these Terms;
(iv) to keep your login information (including username and password) secure and not to share such login information with other users;
(v) that you are not: (a) located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
(vi) not to use the Services and the App to harass or violate the reasonable privacy expectations of any person;
(vii) not to use the Services while exercising in order to reduce the likelihood of causing a false alert; and
(viii) not to intentionally trigger a false alarm, alert or emergency notification, with the purpose of eliciting a response from emergency services.
7. Independent User Obligations
This section applies to you if you are an Independent User.
(i) Dispatching Emergency Services: You acknowledge that if an emergency alert is triggered through your use of the Services or App, an agent from our emergency dispatch and remote monitoring provider will attempt to contact you twice in succession at the phone number you have provided, followed by your emergency contact. If the agent cannot reach you or your emergency contact and / or the incident is verified, the agent will contact emergency services on your behalf and request a dispatch to your location automatically, based on the GPS coordinates that are available to eforce at the time of the alert.
(ii) Fees: You may be required to pay subscription fees. Subscription fees, along with any required taxes, are payable in advance at the intervals made known to you when you sign up for a subscription. Changes in rates will take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with eforce, whether on a one-time or subscription basis. eforce reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reason able advance notice.
(iii) Auto-Renewal: Subscription fees will be billed automatically at the start of the monthly billing period. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at anytime, in accordance with section 8(ii) below.
(iv) Payments. You authorize eforce (or our third party payment processing platform, being Stripe Payments Canada, Ltd. (“Stripe”)) to automatically charge your chosen payment method (e.g. credit card, debit card) on a recurring basis for the subscription fee and any applicable taxes, starting from the subscription start date and subsequently at the beginning of each monthly billing period. These subscription fees will auto-renew until your subscription is terminated. You may cancel your subscription at any time, as described below. By providing your payment information, you authorize Stripe to receive, store, and encrypt your payment information. No refunds or credits will be provided by eforce, other than as set forth in the Terms.
8. Term, Termination, and Suspension Rights
Your license to use the Services is effective until terminated.
Please read this section carefully as certain sections may only apply to a particular type of user.
(i) For End Users: Your right to access and use the Services and App, is contingent on the agreement between your employer (or the applicable business customer) and eforce. If this employer‑level agreement is terminated or modified in a way that restricts End Users’ access, then eforce may terminate or suspend your access accordingly, with or without further notice to you.
(ii) For Independent Users: You may terminate your access to the Services and cancel your subscription at any time by logging into the Stripe customer portal and clicking on “Manage Plan” or providing notice to eforce that you wish to cancel your subscription. Cancellations take effect at the end of the current billing cycle and any fees accrued prior to the effective date of termination remain due and payable.
eforce reserves the right in its sole discretion to suspend or terminate an End User’s and an Individual User’s Account, which will result in loss of access to the Services and App, without a refund, in whole or in part, at any time and without prior notice, if: (i) you breach these Terms or any applicable laws or regulations; (ii) your use of the Services or App poses a security risk or may disrupt the performance of the Services or App; (iii) there is any outstanding fees or charges associated with your Account; (iv) if required by applicable law, regulation or governmental authority; (v) if we have reason to believe that an Account is involved in fraudulent or unlawful activities; or (vi) anAccount is improperly created.
9. Intellectual Property and Ownership
You understand and agree that the App provided to you in connection with the Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, data, graphics, photographs, video, audio, design, presentation, selection, and arrangement (“Material”), are owned by eforce, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Your use of the Material and the App, except as expressly authorized by eforce, constitutes an infringement or violation of the rights of theMaterial’s and App's owner and may subject you to legal action.
The eforce logo and all other related names, logos, product and service names, designs, images, and slogans are trademarks of eforce or its affiliates or licensors. You may not use any such trademarks without eforce's prior written consent. Use of any such intellectual property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You shall not modify copies of any Materials accessed through your use of the Services or the App, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of such Materials.
Eforce reserves all rights not expressly granted hereunder.
Eforce grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services and App in accordance with these Terms provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, store, publicly display, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or the App, except where permitted by law. Notwithstanding the above, your mobile device may temporarily store or cache copies of materials being accessed and viewed when using the App in accordance with these Terms.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials. eforce shall have no responsibility for your acquisition or use or maintenance of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
10. Disclaimerof Warranties
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN END USERS OR INDIVIDUAL USERS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THE APP,ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER EFORCE NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS,CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES,THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER EFORCE NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES, THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED (INCLUDING WITHOUT LIMITATION THAT GPS LOCATION DETERMINATIONS FROM AN END USER’S OR INDIVIDUAL USER’S DEVICE WILL BE ACCURATE), THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES, THE APP, AND YOUR COMPUTER, MOBILE DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, EFORCE WILL NOT BE LIABLE FORANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL BOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, WEARABLE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE APP OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP. YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW EFORCE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY THIRD PARTY TECHNOLOGY OR PROCESS, OR FOR ANY DELAY OR INABILITY TO USE THE SERVICES OR THE APP EXPERIENCED BY YOU.
EFORCE DOES NOT PROVIDE A 9-1-1 OR EMERGENCY CALL RESPONSE SERVICE, AND THE SERVICES OR APP DO NOT DETECT OR PROTECT AGAINST PRE-EXISTING CONDITIONS, HEALTH CONDITIONS MEDICATIONS AS FACTORS THAT MAY AFFECT THE OUTCOME OF AN EMERGENCY CONDITIONS OR EVENT, OR ACUTE OR CHRONIC HEALTH CONDITIONS. EFORCE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,CONTRACTORS OR LICENSORS ARE NOT MEDICAL OR PARAMEDICAL PROFESSIONALS AND THE SERVICES AND THE APP ARE NOT INTENDED AS A REPLACEMENT FOR ANY MEDICAL DEVICES, EMERGENCY SERVICES OR EMERGENCY NOTIFICATION MEASURES. NOTHING IN THE SERVICES, THE APP, OR THE OUTPUTS THEREOF CONSTITUTES MEDICAL OR PROFESSIONAL ADVICE OR RECOMMENDATIONS, OR A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, RECOMMENDATIONS OR OTHER MEDICAL SERVICES. YOU SHOULD ALWAYS CALL 911 OR YOUR LOCAL EMERGENCY RESPONSE NUMBER IN THE EVENT OF AN EMERGENCY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES OR THE APP, AND YOU SHOULD NOT USE THE SERVICES, THE APP, OR ANY CONTENT ON THE SERVICES OR THE APP FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF EFORCE CONTENT OR ALERTS, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND EFORCE. EFORCE IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM INFORMATION YOU LEARN ABOUT THROUGH THE SERVICES.
EFORCE IS NOT RESPONSIBLE FOR ANY DATA CHARGES, OR FIRST RESPOND EROR EMERGENCY SERVICES CHARGES, DAMAGES, FINES, PENALTIES OR FEES THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES AND THE APP, INCLUDING WITHOUT LIMITATION WHEN AN ALERT IS INTENTIONALLY OR UNINTENTIONALLY TRIGGERED THROUGH USE OF THE APP OR SERVICES.
11. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO END USERS OR INDIVIDUAL USERS OF THE SERVICES.
UNDER NO CIRCUMSTANCE WILL EFORCE, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHER WISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, THE SERVICES, OR ANY CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
EFORCE'S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED FIFTY DOLLARS ($50).
12. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless eforce, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Services and the App.
You acknowledge that providing the Services may require forced entry to your premises in response to an alert, if you are not present or unable to respond. You agree that eforce is not responsible for the damages so caused and you will indemnify the eforce, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns against any claim made by a third party as a result of such forced entry.
13. General Terms
Feedback
eforce welcomes your comments, feedback, suggestions, and other communications regarding the Services and the App and the information and services we make available through the Services and the App (collectively,“Feedback”). If you provide Feedback, you hereby grant to eforce a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send eforce any Feedback that you do not wish to license to us as set forth above.
Modifications and Termination
eforce reserves the right to modify or terminate the App and theServices at any time. eforce is under no obligation to continue to provide the App or the Services in any way or to provide you with updates or error corrections to our App. Your rights under these Terms will terminate immediately and automatically, with or without notice in our sole discretion, if we cease to provide and support the App and/or the Services. Without limiting the foregoing, we reserve the right to adjust, calibrate, or change the biometric alerting system and its parameters at any point during the contract to enhance its accuracy. Furthermore, should the system fail to perform as intended for a specific user, resulting in persistent false positives or other issues, we may remove this feature entirely. Any such modifications or removal will be communicated to the affected parties in advance and will be conducted in compliance with applicable data protection and privacy regulations.
Product Claims
eforce(and not Apple or Google), is responsible for addressing any claims of an End User, Individual User or any third party relating to the Services and the Appor an End User's or Individual User’s possession and/or use of the Services and the App, including, but not limited to: (i) product liability claims; (ii) any claim that the Services or the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) any performance issue. In the event of any third party claim that the Services or the App or an End User’s or Individual User’s possession and use of same infringes that third party’s intellectual property rights, neither Apple nor Google will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Force Majeure
eforce will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond eforce's reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without eforce's prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers
No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof.
Severability
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Third PartyBeneficiary
To the extent that an End User or Individual User has downloaded the App from theApple App Store, Apple, or Apple’s subsidiaries are third party beneficiaries of these Terms, and, upon an End User’s or Individual User’s acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against an End User or Individual User as a third-party beneficiary thereof.
Entire Agreement
These Terms and the Privacy Notice constitute the sole and entire agreement between you and eforce regarding the App and Services, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matters.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by eforce via email (in each case to the address that you provide) or by posting on our website and/or within our App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Governing Law and Choice of Forum
The Services and these Terms will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Alberta or any other jurisdiction) and not withstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Services, the App, and under these Terms will be instituted in the courts of Alberta or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Language
These Terms were written in English and may be translated to other languages solely for the convenience of End Users. In all cases, and specifically if a potential conflict between versions arises, the English version of these Terms controls.
Support and Questions
Any questions, complaints or claims with respect to the Services and/or the App should be directed to support@my-eforce.com
Survival
The provisions of these Terms that by their nature are intended to survive termination or expiration shall remain in full force and effect, including but not limited to confidentiality, indemnification, limitation of liability, and governing law.
