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  <h1>Subscription service agreement</h1>

<h2 id="ayanova-subscription-terms-of-service"><strong>AYANOVA SUBSCRIPTION TERMS OF SERVICE</strong><a class="headerlink" href="#ayanova-subscription-terms-of-service" title="Permanent link"></a></h2>
<p>Last Updated: Sept 30, 2022</p>
<h3 id="section-a-terms"><strong>SECTION A TERMS</strong><a class="headerlink" href="#section-a-terms" title="Permanent link"></a></h3>
<h4 id="introduction-and-overview"><strong>Introduction and Overview</strong><a class="headerlink" href="#introduction-and-overview" title="Permanent link"></a></h4>
<p>Thank you for choosing Ground Zero Tech-Works Inc. We provide a platform (the “Platform”) that encompasses (1) AyaNova (a “Service”); and (2) installable software (including our desktop and mobile add-on applications), any accompanying documentation, and any updates to such software or documentation (collectively, “Software”). Ground Zero Tech-Works Inc., is referred to in these provisions as “Ground Zero Tech-Works” or simply “Ground Zero” or “us.”</p>
<p>When you use the Platform, you enter into a binding contract with us. Each section of the agreement begins with an italicized annotation that is intended to help you navigate the agreement. The annotations do not completely summarize the agreement, though, and you should read each section carefully and in full. We’ve also <strong>bolded</strong> a few areas that talk about important legal rights, and you should be sure to read those sections carefully. These provisions in Section A apply to the Platform generally and are separate from the provisions in Section B which include additional provisions for your use of specific Ground Zero Software or Services.</p>
<p>If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client.</p>
<p>You must be at least eighteen (18) years old to use the Platform.</p>
<h4 id="agreement-to-these-terms"><strong>Agreement to These Terms</strong><a class="headerlink" href="#agreement-to-these-terms" title="Permanent link"></a></h4>
<p><em>You need to agree to these terms to use our Platform. By using the Platform, you are instructing us to share your data across our Platform for marketing, eligibility, and other purposes described in our <a href="https://www.ayanova.com/privacypolicy.htm">Privacy Policy</a>, consistent with applicable law. This data may include information we obtain from third parties.</em></p>
<h4 id="your-personal-information"><strong>Your Personal Information</strong><a class="headerlink" href="#your-personal-information" title="Permanent link"></a></h4>
<p><em>We want to be transparent about how we use personal information and about your rights in our Privacy Statement. You should only provide us with personal information of others if you have received permission to do so.</em></p>
<p>You agree that Ground Zero may use and maintain your personal information according to Ground Zero’s <a href="https://www.ayanova.com/privacypolicy.htm">Privacy Policy</a> and any changes published by Ground Zero.</p>
<p>To the extent we allow you to input personal information (as the term is defined under applicable law) about other individuals other than yourself, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to allow us to collect and process such information to operate our business, in accordance with our <a href="https://www.ayanova.com/privacypolicy.htm">Privacy Policy</a>.</p>
<h4 id="changes"><strong>Changes</strong><a class="headerlink" href="#changes" title="Permanent link"></a></h4>
<p><em>Change happens. When it does happen, we will update this Agreement. If the changes are material, you may need to accept the changes to use the Platform.</em> <em>Similarly, there may be circumstances where we need to update or discontinue the Platform.</em></p>
<p>We may modify the provisions of this Agreement at any time. We may notify you of such modifications by posting through the Platform or on our website or by other means. It is important that you review this Agreement whenever we modify it because your continued use of the Platform indicates your agreement to the modifications.</p>
<p>In some cases, you may need to accept changes to this Agreement to continue using the Platform. If you do not agree to the changes, you may stop using the Platform or terminate your account.</p>
<p>Similarly, we may update the Platform, including with tools, utilities, improvements or third party applications. You agree to receive these updates. We may further modify, suspend or discontinue the Platform at any time. You agree that we will not be liable to you or any third party for any modification, suspensions, or discontinuance of the Platform.</p>
<h4 id="consent-to-electronic-delivery"><strong>Consent to Electronic Delivery‍</strong><a class="headerlink" href="#consent-to-electronic-delivery" title="Permanent link"></a></h4>
<p><em>We will use email to communicate with you and you agree.</em></p>
<p>You agree that this Agreement and any Communications that we may provide to you from time to time comply with the requirements of any applicable Law regarding the effectiveness of electronically executed contracts or electronically delivered documents, including the requirement that such contracts or documents are in writing, and are capable of being retrieved, reviewed, printed and stored for further use by you.</p>
<p>By accepting this Agreement, you agree and consent to receive electronically all communications, contracts, disclosures, and other communications that we provide in connection with your account and your use of the Platform (collectively, “Communications”). Communications include but are not limited to:</p>
<ol>
<li>agreements and policies, such as this Agreement and our <a href="https://www.ayanova.com/privacypolicy.htm">Privacy Policy</a>, including updates thereto;</li>
<li>annual disclosures;</li>
<li>transaction receipts or confirmations;</li>
<li>communication in relation to accounts, including accounts that are delinquent (which may also be by phone, and may be made by Ground Zero or by anyone on its behalf, including a third-party collection agent);</li>
<li>account statements and history;</li>
</ol>
<p>We will provide Communications to you by email, addressed to you at the primary email address listed in your account registration, which email may include a link or instructions how to access the Communication on a website, or (if permitted by applicable Law) by posting them on the Site. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to the Site. You further agree that your electronic signature has the same effect as your manual, physical signature.</p>
<p>By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your account at a later date.</p>
<h4 id="how-to-withdraw-your-consent"><strong>How to Withdraw Your Consent</strong><a class="headerlink" href="#how-to-withdraw-your-consent" title="Permanent link"></a></h4>
<p>You may withdraw your consent to receive Communications electronically by contacting us through Customer Support. If you withdraw your consent to receive Communications electronically, Ground Zero may deny your registration for an account, restrict or close your account, or charge you additional fees for paper copies.</p>
<h4 id="ground-zero-communications"><strong>Ground Zero Communications</strong><a class="headerlink" href="#ground-zero-communications" title="Permanent link"></a></h4>
<p><em>We may contact you from time to time to support your use of the Platform.</em></p>
<p>In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email or messaging functionality in the Platform. We want to provide you options for receiving communications from us, and as such you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the Platform. You will need to notify us of any changes to your contact details to ensure your preferences are updated.</p>
<h4 id="your-rights-to-use-the-platform"><strong>Your Rights to Use the Platform</strong><a class="headerlink" href="#your-rights-to-use-the-platform" title="Permanent link"></a></h4>
<p>The Platform is for use by businesses and not for personal, family, or household purposes. You agree to use the Platform only for the purposes for which it is intended and only in accordance with this Agreement.</p>
<h4 id="beta-features"><strong>Beta Features</strong><a class="headerlink" href="#beta-features" title="Permanent link"></a></h4>
<p><em>We may provide you with access to beta features in the Platform. You are free to use them, but they are provided as-is.</em></p>
<p>We may include new and/or updated pre-release and trial features in the Platform and such features are provided as-is. Your use of such features is at no additional cost but you must follow additional rules or restrictions that we may place on their use.</p>
<h4 id="account"><strong>Account</strong><a class="headerlink" href="#account" title="Permanent link"></a></h4>
<p><em>You will provide accurate, up-to-date account information and securely manage such information.</em></p>
<p>You may need to sign up for an account to use the Platform. We may need to verify your identity and you authorize us to collect information (e.g., address) from you to do so (collectively, with all information requested to enable your account, “Account Information”). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit your ability to use the Platform and affect the Platform's accuracy and effectiveness.</p>
<p>You are responsible for securely managing your Account Information, including any password(s) for the Platform. You will notify us immediately if you believe that your Account Information or device you use to access the Platform has been lost or stolen or that someone is using your account without your permission. It is recommended that the password you use to access your account is unique to the Platform. You understand and agree that you are liable for unauthorized use of your account.</p>
<h4 id="payment-cancellations"><strong>Payment &amp; Cancellations</strong><a class="headerlink" href="#payment-cancellations" title="Permanent link"></a></h4>
<p><em>Some Services may be free, others may have costs associated. For those with costs, we, or our payment processing provider acting on our behalf may charge your payment method for fees or on a subscription basis. You may cancel your subscription at any time (but you may not receive a refund).</em></p>
<p>We may require payment of fees or a subscription charge for use of the Platform (or certain portions of the Platform) and you agree to pay such fees. If you registered for a trial, you may need to purchase the Platform before the trial ends in order to retain access to any content provided to, or created through, the Platform.</p>
<p>Payments will be billed in U.S. dollars, and your account will be charged upon purchase and when you provide your payment information, unless stated otherwise in applicable payment provisions. If your payment information is not accurate, current, and complete, we may suspend or terminate your account. If you do not notify us of updates to your payment information, we, or our payment processing provider, may participate in programs supported by your card provider to try to update your payment information, and you authorize us, or our payment processing provider, to continue billing your account with the updated information obtained.</p>
<p>You may be charged a subscription fee in advance on a monthly, annual or other recurring interval disclosed to you prior to your purchase. You will be sent a reminder with the then-current subscription before your subscription term ends, or otherwise as required by applicable law. Ground Zero may change the price for recurring subscription fees from time to time with notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price change, you may unsubscribe prior to the price change going into effect.</p>
<p>Your payment to Ground Zero will automatically renew at the end of the applicable subscription period but you can cancel a subscription at any time. Subscription cancellations will take effect the day after the last day of the current subscription period. If you cancel in the middle of a subscription period, you will be able to continue to access and use the applicable Service until the end of your subscription period. We do not provide refunds or credits for any cancellations or partial subscription period.</p>
<p><strong>Consent to Monitoring</strong></p>
<p><em>We need to ensure our service is available for all users</em></p>
<p>You authorize us, our service providers and their vendors and subcontractors to monitor your account and your use of the Platform.</p>
<h4 id="software-notice"><strong>Software Notice</strong><a class="headerlink" href="#software-notice" title="Permanent link"></a></h4>
<p><em>If you download software from us to use with the service you must agree to it's license</em></p>
<p>In the event that a User is required to download or use software in connection with AyaNova or the Platform, he or she shall be unable to download and access such software unless he or she first agrees to the license agreement relating to such software. Use of any such software is governed by this Agreement and the applicable license agreement.</p>
<h4 id="copyrights-trademarks-and-intellectual-property"><strong>Copyrights, Trademarks and Intellectual Property</strong><a class="headerlink" href="#copyrights-trademarks-and-intellectual-property" title="Permanent link"></a></h4>
<p><em>You own all your data, and you give us permission to do things with your data for you. We own everything we’ve created.</em></p>
<p>Ground Zero and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Platform. The technical procedures, processes, concepts and methods of operation that are inherent within the Platform constitute are proprietary and confidential to the Platform. The usage of the Platform or our Services does not constitute a sale or transfer of any intellectual property rights to any Users. Without any prejudice to the foregoing, your data, information and other content you provide to us or input using the Platform and the Services remains exclusively yours. Any Subscriber information or data entered using the Platform or otherwise provided for accessing the Platform on behalf of a Subscriber remains the property of the Subscriber. You hereby grant to Ground Zero, which Ground Zero hereby accepts, a worldwide, perpetual, royalty free, nonexclusive right and license to use all data, information and content provided in connection with your use of the Platform and the Services for any uses reasonably related to the delivery of the Platform or the Services.</p>
<p>Materials on and relating to the Platform, including the content of the Platform and any software downloaded from the Platform, are protected by copyright, trademark and other intellectual property Laws. Ground Zero reserves all rights in and to such materials. You will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the Platform or any content therefrom without Ground Zero’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Platform.</p>
<p>Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a User of the Services. Your use of screenshots is subject to the following:</p>
<ul>
<li>No screenshot may be used from any beta version of the Platform unless it has been commercially released to the public;</li>
<li>the use is for illustrative purposes;</li>
<li>the use may not imply any endorsement by or affiliation with Ground Zero;</li>
<li>the screenshot does not contain any commentary which may appear to have been attributable to us;</li>
<li>the screenshot does not contain any third-party content; and</li>
<li>the use does not violate this Agreement.</li>
</ul>
<p>Ground Zero has rights to trademarks which it uses in connection with the operation of the Platform or the Services. Ground Zero does not grant any Users any right or license to use the Ground Zero trademarks or any logo, trade name or other intellectual property other than as expressly set out in this Agreement or in another license between you and us.</p>
<h4 id="ownership-and-disclosure-of-information"><strong>Ownership and Disclosure of Information</strong><a class="headerlink" href="#ownership-and-disclosure-of-information" title="Permanent link"></a></h4>
<p><em>Your data belongs to you. We won't disclose any personally identifiable info unless we’re required by Law to do so, we’ll do our best to let you know ASAP and allow you to have your say about it.</em></p>
<p>You own all of your business’s private data, content and all information which you enter and use in connection with the Platform. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Platform and Ground Zero. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:</p>
<ul>
<li>For the purposes of fraud prevention and law enforcement;</li>
<li>To comply with any legal, governmental or regulatory requirement;</li>
<li>To our lawyers in connection with any legal proceedings; and</li>
<li>To comply with a court order.</li>
</ul>
<p>If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. Ground Zero’s <a href="https://www.ayanova.com/privacypolicy.htm">Privacy Policy</a> sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.</p>
<h4 id="force-majeure"><strong>Force Majeure</strong><a class="headerlink" href="#force-majeure" title="Permanent link"></a></h4>
<p><em>If things outside our control interrupt our services we are not liable</em></p>
<p>We will not be liable for any delay or failure in our performance of the Agreement by reason of the occurrence of an unforeseen event beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics, power failures, server failures, third-party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.</p>
<h4 id="language"><strong>Language</strong><a class="headerlink" href="#language" title="Permanent link"></a></h4>
<p><em>We do business in English</em></p>
<p>You and we expressly acknowledge and agree that this Agreement and all related agreements, schedules, materials, licenses and policies are to be drafted in the English language only. Il est convenu que cette convention et tous les annexes, documents, licences et politiques s’y rattachant soient rédigés en anglais. Usted y nosotros reconocemos y aceptamos expresamente que este Acuerdo y todos los acuerdos, cronogramas, materiales, licencias y políticas relacionados deben redactarse únicamente en inglés. Sie und wir erkennen ausdrücklich an und stimmen zu, dass diese Vereinbarung und alle damit verbundenen Vereinbarungen, Zeitpläne, Materialien, Lizenzen und Richtlinien ausschließlich in englischer Sprache verfasst werden</p>
<h4 id="legal-status-of-ground-zero-tech-works-inc"><strong>Legal Status of Ground Zero Tech-Works Inc</strong><a class="headerlink" href="#legal-status-of-ground-zero-tech-works-inc" title="Permanent link"></a></h4>
<p>The websites www.ayanova.com, domain onayanova.com, and the name AyaNova are property of Ground Zero Tech-Works Inc. a company incorporated under the British Columbia, Canada Business Corporations Act.</p>
<h4 id="community-forums-feedback"><strong>Community Forums; Feedback</strong><a class="headerlink" href="#community-forums-feedback" title="Permanent link"></a></h4>
<p><em>You may be able to communicate with others through our Platform but please be respectful. Suggestions you provide for improving our Platform may be used freely by us.</em></p>
<p>The Platform may include a community forum or other social features that enable you to exchange Content and information with other users of the Platform and the public. Ground Zero does not support and is not responsible for the Content in these community forums. Please be respectful when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Ground Zero is not responsible.</p>
<p>You may provide Ground Zero your feedback, suggestions, or ideas for the Platform. You grant Ground Zero a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use your feedback, suggestions, and ideas in any way, including in future modifications of the Platform, other products or services, advertising or marketing materials.</p>
<h4 id="termination"><strong>Termination</strong><a class="headerlink" href="#termination" title="Permanent link"></a></h4>
<p><em>You may cancel your account and Ground Zero may suspend or terminate your use of the Platform.</em> <em>For mobile apps, removing the app may not cancel your subscription or delete your data.</em></p>
<p>This Agreement is effective until your subscription expires or you cancel your account or Ground Zero terminates this Agreement (or your account). Ground Zero may terminate this Agreement (and your account) or suspend the Platform at any time at our discretion.</p>
<p>Please note that removing a Ground Zero mobile app from your device may not cancel your subscription or delete your data. If you want to cancel your subscription for a Service, please follow the applicable Service instructions. If you wish to delete your data from a Service, please use the AyaNova web application's "Erase Data" feature to do so or request your data be deleted from our support department.</p>
<h4 id="effect-of-termination"><strong>Effect of Termination</strong><a class="headerlink" href="#effect-of-termination" title="Permanent link"></a></h4>
<p><em>You must stop using the Platform once your subscription expires or you cancel your account (or if this Agreement or your account is terminated).</em></p>
<p>Upon expiration of your subscription or cancellation of your account, or Ground Zero’s termination of your account or this Agreement, you must immediately stop using the Platform and pay all fees for Platform used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.</p>
<h4 id="survival"><strong>Survival</strong><a class="headerlink" href="#survival" title="Permanent link"></a></h4>
<p><em>There are a few parts of this Agreement that will continue to apply after termination.</em></p>
<p>The following Sections will survive any termination, discontinuation or cancellation of the Platform or your account: “Your Personal Information,” “Payment and Cancellations” (with respect to fees due and unpaid), “Ownership and Disclosure of Information,” “Community Forums; Feedback,” “Effect of Termination,” “Disclaimers,” “Limitation of Liability,” “Indemnity Obligations,” and “General Terms (Miscellaneous)”.</p>
<h4 id="disclaimers"><strong>Disclaimers</strong><a class="headerlink" href="#disclaimers" title="Permanent link"></a></h4>
<p><em>We don’t make any warranties about the Platform except as expressly stated in this Agreement.</em></p>
<p><strong>The only warranties we make about the Platform are (1) stated in this Agreement, or (2) as provided under applicable laws. The Platform is otherwise provided “as-is,” and we do not make any other warranties about the Platform. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform is error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of the Platform, nor of any content (including any Content) or information made available in the Platform. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the Platform, whichever is sooner.</strong></p>
<h4 id="limitation-of-liability"><strong>Limitation of Liability</strong><a class="headerlink" href="#limitation-of-liability" title="Permanent link"></a></h4>
<p><em>Our liability is limited when it comes to issues you may encounter with our Platform.</em></p>
<p>Other than the rights and responsibilities described in this Agreement and as allowed by applicable law, Ground Zero won’t be responsible for any losses.</p>
<p>The above limitations apply even if the Ground Zero Parties have been advised of the possibility of such damages. This Agreement sets forth your exclusive remedy with respect to the Platform and its use.</p>
<p>If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under this Agreement. For example, the United Nations enjoys certain immunities from legal obligations and this Agreement doesn’t override those immunities.</p>
<h4 id="indemnity-obligations"><strong>Indemnity Obligations</strong><a class="headerlink" href="#indemnity-obligations" title="Permanent link"></a></h4>
<p><em>If someone sues us because you used the Platform unlawfully or didn’t follow our rules, you will be responsible for any harm to us.</em></p>
<p>You will indemnify and hold harmless the Ground Zero Parties for any losses, damages, judgments, fines, costs and expenses (including legal fees) in connection with any claims arising out of or relating to your unlawful or unauthorized use of the Platform or violation of this Agreement. Ground Zero reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by Ground Zero in the defense of any claims.</p>
<h4 id="disputes"><strong>Disputes</strong><a class="headerlink" href="#disputes" title="Permanent link"></a></h4>
<p><em>In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator or small claims court will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action.</em></p>
<h4 id="general-terms-miscellaneous"><strong>General Terms (Miscellaneous)</strong><a class="headerlink" href="#general-terms-miscellaneous" title="Permanent link"></a></h4>
<h4 id="governing-law"><strong>Governing Law</strong><a class="headerlink" href="#governing-law" title="Permanent link"></a></h4>
<p><em>The laws of British Columbia, Canada govern this Agreement and any disputes that may arise.</em></p>
<p>British Columbia, Canada law will govern all disputes arising out of or relating to the Platform, this Agreement and any Additional Terms, regardless of conflict of laws rules.</p>
<h4 id="government-end-users-of-software"><strong>Government End Users of Software</strong><a class="headerlink" href="#government-end-users-of-software" title="Permanent link"></a></h4>
<p><em>Even if you are a government end user, your rights to Software are limited to what is described in this Agreement.</em></p>
<p>The Software is a "commercial item" as that term is defined in FAR 2.101, consisting of "commercial computer software," as such term is used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software will be only those specified in this Agreement.</p>
<h4 id="waiver"><strong>Waiver</strong><a class="headerlink" href="#waiver" title="Permanent link"></a></h4>
<p><em>If we waive some of our rights under this Agreement, it doesn’t mean we waive our rights in other circumstances.</em></p>
<p>Ground Zero’s failure to act or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by Ground Zero of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer of Ground Zero.</p>
<h4 id="assignment"><strong>Assignment</strong><a class="headerlink" href="#assignment" title="Permanent link"></a></h4>
<p><em>You can’t transfer this Agreement or your right to use the Platform to someone else without our permission.</em></p>
<p>Ground Zero may assign this Agreement to any party at any time without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.</p>
<h4 id="severability"><strong>Severability</strong><a class="headerlink" href="#severability" title="Permanent link"></a></h4>
<p><em>If a court voids a term of this Agreement, the other terms will not be affected.</em></p>
<p>If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed and the remaining provisions will remain in full force and effect.</p>
<h4 id="contact-information"><strong>Contact Information</strong><a class="headerlink" href="#contact-information" title="Permanent link"></a></h4>
<p>If you have any questions about the Platform or this Agreement, please contact <a href="https://contact.ayanova.com/contact">support</a>.</p>
<h3 id="section-b"><strong>SECTION B</strong><a class="headerlink" href="#section-b" title="Permanent link"></a></h3>
<p><strong>Your use of the Services provided by Ground Zero (as defined in the Section A Terms) and described below are subject to the Section A Terms above and these Additional Terms and Conditions (“Section B Terms”). These Section B Terms will prevail over any conflict or inconsistency with the Section A Terms.</strong></p>
<h3 id="1-services"><strong>1. SERVICES</strong><a class="headerlink" href="#1-services" title="Permanent link"></a></h3>
<p>When you use an AyaNova product or service, you establish a direct relationship with the AyaNova brand, including each product and service in the AyaNova family and the entities offering those services.</p>
<p>The Section B Terms include provisions applicable to your use of AyaNova generally, as well as additional provisions for your use of specific products and services.</p>
<p>The Agreement governs your use of each of the following “Services,” as applicable:</p>
<p>AyaNova Online service</p>
<h3 id="2-users"><strong>2. USERS</strong><a class="headerlink" href="#2-users" title="Permanent link"></a></h3>
<p>When you initially register for and create an account for a Service, you are, or a party that you authorize is, the “Administrator”. Administrators may authorize additional users to access the Services through the same account, subject to limitations based on the subscription you purchase (such users, “Additional Users”). All Additional Users will be required to accept the Agreement before accessing the Services. Only Administrators may designate another individual as a replacement administrator and you are responsible for your Additional Users' access to the Services. Once an Administrator closes or terminates access to a Service, Additional Users will no longer be able to access such Services or any Content (defined in the Section A Terms) within the Service. If you are an Administrator, you agree to provide sufficient prior notice to your Additional Users of your desire to terminate access to the Services. Any violation of the Agreement by any Additional User may result in the termination of an Administrator’s or other Additional User’s access to the Services. Additional Users may not have the same level of access or rights as an Administrator. You warrant that you have obtained all necessary authorizations from each Additional User to: (i) act as their agent in using the Services on their behalf and you accept all liability arising from their use of the Services; and (ii) allow Ground Zero to provide the Services.</p>
<h3 id="3-usage-limits"><strong>3. USAGE LIMITS</strong><a class="headerlink" href="#3-usage-limits" title="Permanent link"></a></h3>
<h4 id="limits"><strong>Limits</strong><a class="headerlink" href="#limits" title="Permanent link"></a></h4>
<p>We may limit usage for some features of the Services based upon the subscription you purchased. These features may include data storage limits, backup services, bandwidth, servers, third party applications, and users.</p>
<p>You agree not to access the Platform in a manner that utilizes the resources of the Platform more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Ground Zero) of other Platform customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption.</p>
<h4 id="deactivationcancellation-when-exceeding-usage-limits"><strong>Deactivation/Cancellation When Exceeding Usage Limits</strong><a class="headerlink" href="#deactivationcancellation-when-exceeding-usage-limits" title="Permanent link"></a></h4>
<p>If you exceed the usage limits for the subscription for the Services you purchased, we may immediately cancel or suspend your subscription to the applicable Service and your access to the applicable Services and to your data without notice. If your access to the applicable Services is terminated, you will not be charged further for your subscription; however, you will not be entitled to any proration of fees or refunds for unused subscriptions. We reserve the right to maintain your data in a read-only format for purposes of reviewing historical activity, which you may have access to view for up to one month after termination of access.</p>
<h4 id="downgrade"><strong>Downgrade</strong><a class="headerlink" href="#downgrade" title="Permanent link"></a></h4>
<p>If you choose to downgrade to a Services plan with a lower usage limit, you will not be able to complete the downgrade until your active User count and total data storage usage are under the new Services plan's usage limits.</p>
<h4 id="reactivating-subscriptions"><strong>Reactivating Subscriptions</strong><a class="headerlink" href="#reactivating-subscriptions" title="Permanent link"></a></h4>
<p>You must be within your plan’s usage limits prior to reactivating the Services subscription.</p>
<h3 id="4-security"><strong>4. Security</strong><a class="headerlink" href="#4-security" title="Permanent link"></a></h3>
<p>Ground Zero maintains a security program with appropriate administrative, technical, organizational, and physical security measures designed to protect your Content against unauthorized access, disclosure, and loss. However, information sent or received over the Internet is generally insecure and Ground Zero cannot and does not make any representation or warranty concerning security of any communication to or from the Platform or any representation or warranty regarding the interception by third parties of personal or other information.</p>
<h3 id="5-backups"><strong>5. Backups</strong><a class="headerlink" href="#5-backups" title="Permanent link"></a></h3>
<p><em>Our cloud server providers are carefully chosen for their uptime and reliability but there is always the possibility of data loss so we provide the tools to ensure you can download a backup of all your data for safe off Platform storage. We don’t keep a backup copy anywhere else so in the event of a loss of data the only way to restore the data will be the backup copy you can provide.</em></p>
<p>The Platform includes an automated backup feature for the sole purpose of providing you with a way to download an unencrypted copy of your Platform database and file attachment data for safe storage off-site.</p>
<p>We do not maintain a copy of your backup off-site which means you are solely responsible for the safe custody of a backup of your Platform data. We suggest you make use of this feature as an important part of a sensible business continuity disaster recovery plan.</p>
<p>Data can only be restored from the most recent backup you can provide so we suggest you consider carefully how often to download your backup.</p>
<p>You understand and agree that in the event of a loss of data on the Platform your downloaded backup files may be the only copy of your data and may be required to be provided to Ground Zero technical support as the only means to recover your account.</p>
<h3 id="a-data-transfer-service"><strong>A. DATA TRANSFER SERVICE</strong><a class="headerlink" href="#a-data-transfer-service" title="Permanent link"></a></h3>
<p><em>This section is related to optionally integrating AyaNova with 3rd party service and software such as accounting software.</em></p>
<p>We may provide you with the opportunity to connect your account or our Service with non-Ground Zero-owned services (“Third Party Services”) (such functionality, the “Data Transfer Service”). To do so, you may need to provide us with information needed to log into those Third Party Services, including username, passwords, API keys and other such information. We will use appropriate technical and organizational measures to secure this data consistent with applicable data privacy and protection laws or regulations. In addition, we will only use these credentials in order to share data with the Third-Party Service you have indicated. By providing such details, you grant Ground Zero the right to process and transfer the data as reasonably necessary to provide the function or service you consented to.</p>
<p>You agree that your data sharing will comply with all terms and conditions of the other services and you will not share data in any manner that is unlawful or would infringe or violate the rights of Ground Zero or any other party. Your data sharing with other services may result in the transfer of your data to another country where security and privacy controls may not be adequate for data protection.</p>
<p>We do not guarantee that you will be able to share your data with any specific products or services.</p>
<p>The Third Party Service may not retain your data after the transfer and Ground Zero will not be responsible for any data loss as a result of the transfer. You are responsible for any fees charged by the third party for the data access. Ground Zero will not be liable for any damages, claims, or liabilities arising out of or related to the Third Party Services</p>
<h2>I ACCEPT THE ABOVE TERMS AND CONDITIONS IN THEIR ENTIRETY AND AGREE TO BE LEGALLY BOUND BY THEM.</h2>
`,
    license: `END-USER SOFTWARE LICENSE AGREEMENT

THIS IS AN IMPORTANT LEGAL AGREEMENT.  PLEASE READ IT CAREFULLY. 

This End-User License Agreement (the "Agreement") is a legal agreement between you and Ground Zero Tech-Works Inc. ("Ground Zero") for Ground Zero's AyaNova software, including all previous versions thereof and all replacements, supplements, upgrades and updates thereto provided to you by Ground Zero (the "Software") and all associated documentation (the "Documentation").

If you are installing or using the Software at work or under contract, then you are contracting on behalf of the corporation or organization for which you are working.  You must ensure you have the legal authority and ability to do so. 

IF YOU CLICK "I ACCEPT THE AGREEMENT", AND/OR BY USING THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY AND AGREE TO BE LEGALLY BOUND BY THEM.
If you do not agree to the terms of this Agreement, you may not use the Software.

1.	Licenses.  Subject to the terms and conditions below, Ground Zero hereby grants to you a non-transferable and non-exclusive right to use the Software, solely in object-code format, on any number of computers at any one time.  Ground Zero also grants to you a non-transferable and non-exclusive right to copy the Documentation, as long as such copies are not republished or distributed to any third-party.  (Collectively, these licenses are called the "Licenses".)

2. 	Restrictions on Use.  You agree that you will not do any of the following without prior written authorization by Ground Zero:  (a) lease, export or grant a sublicense with respect to the Software or Documentation to any other party;  (b) reverse engineer, decompile or disassemble the Software; (c) use the Software or Documentation except as authorized herein; (d) permit third-parties to use the Software or Documentation in any way that would constitute a breach of this Agreement; (e) rent, lease, or lend the Software or Documentation; or (f) incorporate the Software or Documentation in whole or in part into any other software or documentation.

3.	Evaluation Version.  The Software is available in either an "evaluation" version or a "registered" version.  All copies of the Software downloaded from Ground Zero's web-site begin as evaluation versions.  If Ground Zero has not given you a license key and permission to use the registered version, you may only use the evaluation version.  You may use the evaluation version for 45 days without charge, but the functionality of the Software will be significantly limited.  You may not modify the Software or any part of the Software to gain access to additional features or functionality.  You may register the Software by paying the fee and agreeing to the terms and conditions set-out on Ground Zero's website at www.ayanova.com.

4.	Databases.   The Software stores all user data in a single database (the "Database").  If Ground Zero has given you a license key and permission to use the registered version of the Software, you may only use that license key in association with one Database.  A separate, unique license key is required for each Database you create, maintain or access using the registered version of the Software.  You may also purchase a replacement license key from Ground Zero to further increase the functionality of the Software;  however, once you have installed the replacement license key you may no longer use the original license key, and you may still only use the replacement license key in association with only one Database.  You may copy the Databases to any storage medium other than a computer, but only for backup purposes.
 

5.	Ownership and Copyright.  Ground Zero is the sole owner of all right, property and title in and to the Software, the Documentation, and the copyright, logos, trade-marks, trade names, trade secrets, confidential information, patents, inventions, images, text, video, audio, and designs therein. 

6.	Service.  Ground Zero may provide technical support and service to you upon your request based on your subscription(s). The price and other terms and conditions of Ground Zero's services are set-out on Ground Zero's website at www.ayanova.com, and may be changed at any time by Ground Zero. 

7.	Termination.  Without prejudice to any of Ground Zero 's other rights in this Agreement or at law or equity, this Agreement will immediately terminate if you fail to comply with any of these terms and conditions. Upon termination, you must destroy all copies of the Software and Documentation.  The provisions in sections 7, 8, 9 and 10 of this Agreement will survive the termination of this Agreement.

8.  	Disclaimer of Conditions and Warranties.  To the maximum extent permitted by applicable law, GROUND ZERO PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, CORRESPONDENCE TO DESCRIPTION, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.  GROUND ZERO  DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE ERROR-FREE, THAT IT WILL PERFORM OR APPEAR EXACTLY AS DESCRIBED IN THE DOCUMENTATION, OR THAT ITS OPERATION WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

9.	Exclusion of Liability.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GROUND ZERO  BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, INFORMATION OR PRIVACY, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR FAILURE TO MEET ANY DUTIES INCLUDING THOSE OF GOOD FAITH AND OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GROUND ZERO, AND EVEN IF GROUND ZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 


10.	Limitation of Liability.  If, despite the limitations in this Agreement, Ground Zero  becomes liable to you or to any third party, in no event will Ground Zero be liable for any monetary amount that, in the aggregate, is greater than the total amounts paid or due Ground Zero pursuant to this Agreement. 

11.	Governing Law.  This Agreement and the relationship between the parties will be interpreted according to the laws in force in British Columbia, Canada.  The courts of British Columbia will have jurisdiction over all claims, disputes, and actions related to this Agreement, and the parties attorn to the jurisdiction of those courts.

12.	Enurement.  This Agreement will bind and enure to the parties hereto and their respective lawful successors and permitted assigns.  

13.	Entire Agreement.  This Agreement forms the entire agreement between you and Ground Zero and there are no agreements collateral to this Agreement.  This Agreement supercedes all prior written, oral and other agreements between you and Ground Zero with respect to the Software and Documentation and any parts or components thereof.  No term or provision of this Agreement may be changed, waived or terminated except by a further written or electronic agreement between you and Ground Zero.

14.	Assignment.  Ground Zero may transfer or license any of its rights under this Agreement. You may not license any of your rights under this Agreement, but you may transfer the Software and Documentation to another user if you transfer all of your rights under this Agreement to that new user, cease using the Software and Documentation, erase and destroy all any copies you have of the Software or Documentation, and ensure the new user agrees to the terms and conditions of this Agreement.

15.	Severability.  If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

16.	Further Assurances.  You will execute and deliver to Ground Zero any additional documents and take any additional steps that may be required to give full effect to the intent expressed in this Agreement.

17.	Notice.  All notices and other communication to Ground Zero must be made in writing and delivered to 05-3610 Christie Parkway Courtenay B.C. Canada V9J 9T6 or e-mailed to legal@ayanova.com

18.      Processing of Personal Information

Ground Zero will comply with all applicable laws pertaining to personal data including GDPR (General Data Protection Regulation).

A: Data obtained

Information about you (such as your email address, name, company information) is provided to us when you email us (such as when you email us directly, email us via our online form, email us via our online temporary Key request form) or when you register on our AyaNova Support Forum.

Information you provided in your order (such as your company name, company contact information, contact name, along with the AyaNova products/services/subscriptions purchased) is sent to us from our payment processing partner with whom you placed your order.

B: Marketing

Ground Zero will not share your information for marketing purposes with companies outside Ground Zero Tech-Works Inc.

C: Use and Sharing of Data

Personal data you provided when you contact us (such as when you email us directly, email us via our online form, email us via our online temporary Key request form or register on our AyaNova Support Forum) will be used to provide technical support, to respond to user inquiries, to provide temporary Key(s), to maintain case and bug issues reported by you, and to send you relevant AyaNova information.

Ground Zero will also receive your company information you provided to our payment processing partner, so that we may process your product/service/subscription order.

Ground Zero may monitor usage of Ground Zero websites to gather statistical information that it may disclose to third parties. This data will only be shared in an anonymised form.

In the event that your AyaNova database is hosted with a third party and support is requested by you or your hosting company, exchange of your contact information and company information may occur so that we may confirm eligibility for support and to provide support.

D: Data Security

 Ground Zero has implemented measures to protect customer data against improper access, disclosure, or loss. The security measures and processes that are in effect include but are not limited to:

(i) Ground Zero expressly commits to restrict access to customer data to only those individuals who require such access to perform their job function.
(ii) Login transactions are encrypted with HTTPS (TLS) and passwords are stored hashed.
(iii)  Encryption of all data stored in backup. 
(iv) Ground Zero will only provide your personal data to third parties where it is obliged to do so by law.

E: Deleting of Data 

(i) Temporary key requests without subsequent purchase will be deleted within one year.
(ii) Email correspondence without subsequent purchase will be deleted within two years except where required for maintaining case and support history.
(iii) Email correspondence including temporary key requests with subsequent subscription purchase will be retained for the life of your subscription. Once a subscription has been allowed to lapse (not renewed), correspondence will be deleted within two years except where required for maintaining case and support history. 
(iv) Customer information obtained through AyaNova Support Forum registration will be deleted within three years of forum login inactivity. 
(v) Purchase information along with company information as provided by our payment processing partner will be retained for a minimum of six years after the end of the taxation year to which they relate as per the Canada Revenue Agency and no longer than 10 years after which will be deleted within one year. 


I HAVE READ AND UNDERSTOOD ALL OF THE ABOVE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS FORM PART OF THIS AGREEMENT.  I AGREE THAT A PRINT-OUT OF THIS AGREEMENT WILL CONSTITUTE A "WRITING" UNDER ANY APPLICABLE LAWS.

IF I AM INSTALLING OR USING THIS SOFTWARE AT WORK OR UNDER CONTRACT, I AM ENTERING THIS AGREEMENT ON BEHALF OF THE CORPORATION OR ORGANIZATION FOR WHICH I AM WORKING, AND I HAVE THE LEGAL AUTHORITY AND ABILITY TO DO SO. 

I ACCEPT THE ABOVE TERMS AND CONDITIONS IN THEIR ENTIRETY AND AGREE TO BE LEGALLY BOUND BY THEM. `
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