Terms and Conditions

1. Agreement

These Terms govern your use of foza.ca, FOZA's free tools and FOZA's paid software (the "Services"), provided by FOZA Technologies ("FOZA", "we", "us"). By using the Services, you agree to these Terms. If you use them on behalf of a company, you confirm that you are authorized to accept these Terms for that company, and "you" means that company.

If you have signed a separate written agreement with FOZA, that agreement takes priority where it conflicts with these Terms.

2. Business use only

The Services are for business use. You must be at least 18 and able to enter a binding contract.

3. Accounts

You are responsible for keeping your login details secure and for all activity under your account. Tell us right away at info@foza.ca if you suspect unauthorized access.

4. Free tools

Free tools such as FOZA Spec Splitter are provided "as is", without any warranty. We may change, limit or discontinue them at any time. Always check their output before relying on it.

5. Paid plans and billing

• Fees. You agree to pay the fees for the plan you choose, as shown at signup or in your order.
• Billing. Subscriptions are billed in advance, monthly or annually, through Stripe, and renew automatically until cancelled.
• Taxes. Fees do not include applicable taxes such as HST, which are added to your invoice.
• Cancellation. You can cancel at any time. Your access continues until the end of the current billing period.
• Refunds. Fees already paid are not refundable, except where the law requires or we agree otherwise in writing.
• Price changes. We will give you at least 30 days' notice before any price change takes effect.
• Late payment. If payment fails and is not fixed within 14 days, we may suspend your account.

6. Your data

• You keep full ownership of everything you upload, including price lists, product data, quote requests and specifications ("Customer Data").
• You give FOZA permission to store and process Customer Data only to provide and support the Services for you.
• You confirm that you have the right to upload your Customer Data and that doing so does not breach any agreement or law.
• We handle Customer Data as described in our Privacy Policy and keep it confidential.
• After you close your account, you can export your data for 30 days, after which we delete it.

7. Accuracy of quotes and outputs

FOZA helps you create quotes faster, but you remain responsible for every quote, price and document you send to your customers. Results depend on the accuracy of the price lists, rules and data you provide, and automated processing, including AI, can make mistakes. Review all outputs before use. FOZA is not responsible for losses caused by pricing errors, missed items or incorrect outputs that you did not review.

8. Acceptable use

You agree not to:

• Use the Services for anything illegal or fraudulent.
• Upload content you do not have the right to share, or that contains malware.
• Try to access other customers' data, or interfere with the security or operation of the Services.
• Copy, resell or reverse-engineer the Services, or use them to build a competing product.
• Share your account with people outside your organization.

We may suspend accounts that break these rules.

9. Our intellectual property

FOZA owns the Services, including the software, design, branding and content, other than your Customer Data. These Terms give you a right to use the Services during your subscription, not ownership of them.

If you send us suggestions or feedback, we may use them freely without any obligation to you.

10. Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for the purpose of these Terms. This does not apply to information that is already public, was already known to the receiving party, or must be disclosed by law.

11. Third-party services

The Services rely on third-party providers such as hosting and payment processors. We are not responsible for their outages or actions, but we choose reputable providers and will work to limit any disruption.

12. Availability and changes

We aim to keep the Services available and reliable but do not guarantee uninterrupted access. We may improve, change or remove features. If we remove a major feature of a paid plan, we will give you reasonable notice.

13. Ending the agreement

You can stop using the Services and cancel at any time. We may suspend or end your access if you seriously breach these Terms or fail to pay, or with 30 days' notice for any other reason, in which case we will refund any prepaid fees for the unused period.

14. Disclaimer

Except as stated in these Terms, the Services are provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, including fitness for a particular purpose and merchantability.

15. Limitation of liability

To the extent the law allows:

• Neither of us is liable for indirect, incidental or consequential damages, including lost profits, lost revenue or lost data.
• FOZA's total liability for any claim relating to the Services is limited to the amount you paid FOZA in the 12 months before the claim arose.

16. Indemnity

You agree to cover FOZA's reasonable costs from any third-party claim arising from your Customer Data or your breach of these Terms.

17. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Any dispute will be handled by the courts of Ontario, in Toronto.

18. Changes to these Terms

We may update these Terms. We will post the new version here with a new "Last updated" date and notify paying customers by email at least 30 days before significant changes take effect. Continuing to use the Services after that means you accept the updated Terms.

19. General

If any part of these Terms is found unenforceable, the rest remains in effect. Not enforcing a right does not waive it. You may not transfer these Terms without our consent. We may transfer them as part of a sale or reorganization of our business.

20. Contact

FOZA Technologies, Mississauga, Ontario, Canada
info@foza.ca