Terms of Service

Last updated: June 30, 2024

These Terms of Service (“Terms”) govern your access to and use of the services provided by Missinglettr Ltd. (“Supplier”, “we”, “us”, or “our”).

By accessing or using the Services, you agree to be bound by these Terms.

1. Definitions

Customer

means the person or entity using the Services.

Authorised Users

means individuals permitted by the Customer to use the Services.

Services

means the software and services provided via https://missinglettr.com.

Customer Data

means all data submitted by the Customer or Authorised Users through the Services.

Subscription Term

means the period during which the Customer has an active subscription.

Applicable Privacy Laws

means all applicable privacy laws, including PIPEDA and British Columbia’s PIPA.

2. Access and Use of Services

Subject to payment of applicable fees, the Supplier grants the Customer a non-exclusive, non-transferable, non-sublicensable license to use the Services during the Subscription Term for internal business purposes.

The Customer is responsible for:

  • All activity under its accounts

  • Maintaining security of credentials

  • Ensuring Authorised Users comply with these Terms

3. Acceptable Use

The Customer shall not use the Services to:

  • Violate any laws or regulations

  • Infringe intellectual property rights

  • Transmit harmful, abusive, or unlawful content

  • Distribute malware or interfere with systems

The Supplier may suspend access for violations.

4. Fees and Payment

  • Fees are billed in USD, CAD, or as specified at purchase

  • Fees are non-refundable unless otherwise stated

  • Subscriptions renew automatically unless cancelled

The Supplier may update pricing with reasonable notice.

5. Customer Data

5.1 Ownership

The Customer retains all rights to Customer Data.

5.2 Responsibility

The Customer is solely responsible for:

  • Accuracy and legality of Customer Data

  • Rights to use and publish such data

5.3 Licence to Supplier

The Customer grants the Supplier a limited licence to use Customer Data to:

  • Provide and operate the Services

  • Support and maintain the platform

5.4 Aggregated and De-Identified Data (Critical Clause)

Notwithstanding anything to the contrary:

The Supplier may collect, use, modify, and create aggregated, anonymized, or de-identified data derived from:

  • Customer Data

  • Usage of the Services

Such data:

  • Will not identify any individual or Customer

  • Does not constitute Customer Data

The Supplier may:

  • Use

  • Disclose

  • License

  • Sell

such aggregated and de-identified data for any lawful purpose, including:

  • Analytics

  • Benchmarking

  • Product development

  • Commercial purposes

The Supplier will take reasonable measures to ensure such data cannot be re-identified.

6. Privacy and Data Protection

The Supplier will handle Personal Information in accordance with its Privacy Policy.

Where the Supplier processes Personal Information on behalf of the Customer:

  • The Customer is the data controller

  • The Supplier is the service provider / processor

Each party agrees to comply with Applicable Privacy Laws.

7. Data Storage and Transfers

Data may be processed or stored in:

  • Canada

  • United States

  • Other jurisdictions where service providers operate

The Customer acknowledges that foreign laws may apply.

8. Third-Party Services

The Services may integrate with third-party platforms (e.g., social networks, analytics tools).

The Supplier is not responsible for:

  • Third-party services

  • Their content, availability, or practices

Use of such services is at the Customer’s own risk.

9. Intellectual Property

All rights in the Services, software, and documentation remain the property of the Supplier or its licensors.

No rights are granted except as expressly stated.

10. Confidentiality

Each party agrees to:

  • Protect confidential information

  • Use it only for purposes of this agreement

This obligation survives termination.

11. Service Availability

The Supplier will use reasonable efforts to maintain availability but does not guarantee:

  • Uninterrupted service

  • Error-free operation

Maintenance and downtime may occur.

12. Limitation of Liability

To the maximum extent permitted by law:

The Supplier is not liable for:

  • Indirect or consequential damages

  • Loss of profits, revenue, or data

The Supplier’s total liability is limited to:

  • Fees paid in the previous 12 months

Nothing excludes liability for:

  • Death or personal injury

  • Fraud

13. Indemnity

The Customer agrees to indemnify the Supplier against claims arising from:

  • Customer Data

  • Misuse of the Services

  • Violation of laws or rights

14. Term and Termination

The Customer may cancel at any time.

Upon termination:

  • Access to Services ends

  • Data may be deleted after a reasonable period

Fees are non-refundable unless otherwise stated.

15. Changes to Terms

The Supplier may update these Terms from time to time.

Continued use of the Services constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of:

  • The Province of British Columbia and the federal laws of Canada

17. Jurisdiction

The parties submit to the exclusive jurisdiction of the courts of:

  • British Columbia, Canada