Terms and Conditions of Use

LaviScanIQ provides QR-code-based identification, tracking, verification, recordkeeping, and service documentation tools.

The Services may allow:

• Generation and management of QR codes;
• Identification of the physical location associated with a QR code;
• Display of service records associated with a QR code;
• Public viewing of selected information;
• Registration and authentication of service personnel;
• Recording of service events by authorized users;
• Administrative management of accounts and service records by Customers.

The Services are intended as an information management tool and are not a substitute for independent recordkeeping, regulatory compliance, inspections, audits, certifications, professional advice, or legal obligations.

You must be at least eighteen (18) years of age and legally capable of entering into a binding agreement to use the Services.

If you are using the Services on behalf of a business, corporation, organization, municipality, government agency, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

Customers are solely responsible for:

• Maintaining account security;
• Protecting usernames and passwords;
• Authorizing and managing users;
• Assigning administrative privileges;
• Monitoring account activity;
• Updating account information;
• Ensuring all information entered into the Services is accurate, complete, and current.

All activities conducted through a Customer account shall be deemed authorized by the Customer.

LaviScanIQ shall not be responsible for unauthorized account access resulting from Customer negligence, credential sharing, weak passwords, lost devices, phishing attacks, malware, or other security failures beyond our reasonable control.

The Customer retains ownership of information, records, descriptions, service logs, notes, photographs, and other content uploaded by the Customer or its authorized users (“Customer Data”).

The Customer grants LaviScanIQ a worldwide, non-exclusive, royalty-free license to host, process, store, transmit, reproduce, display, and use Customer Data as reasonably necessary to provide, maintain, improve, secure, support, and operate the Services.

The Customer represents and warrants that it possesses all rights necessary to upload and use Customer Data.

The Customer acknowledges and agrees that:

• Service records are created by users designated by the Customer.
• Information displayed through the Services may be based entirely or partially on user submissions.
• LaviScanIQ does not independently verify service events, inspections, maintenance activities, locations, timestamps, certifications, or other information entered by users.

The Customer bears sole responsibility for:

• Accuracy of all records;
• Accuracy of service completion data;
• Accuracy of personnel identification;
• Accuracy of QR code placement;
• Accuracy of associated locations;
• Compliance with any regulatory recordkeeping obligations.

LaviScanIQ expressly disclaims responsibility for inaccurate, incomplete, outdated, misleading, or fraudulent information entered by Customers or users.

Registered users may be permitted to identify themselves as having performed a service associated with a QR code.

By using this functionality, registered users represent and warrant that:

• Information submitted is truthful and accurate;
• They are authorized by the Customer to record service activities;
• They will not falsify records;
• They will not impersonate another individual;
• They will comply with all applicable laws and regulations.

The Customer remains solely responsible for supervising and validating the activities of registered users.

Certain information associated with a QR code may be visible to members of the public who scan the QR code.

Such information may include:

• Last service date;
• Last service time;
• General service status;
• Other information designated by the Customer.

The Customer is solely responsible for determining what information is displayed publicly and ensuring compliance with applicable privacy laws.

LaviScanIQ is not responsible for information intentionally or inadvertently made publicly accessible by the Customer.

LaviScanIQ will use commercially reasonable efforts to maintain availability of the Services. However, the Customer acknowledges that:

• No technology is error-free;
• Networks may fail;
• Internet connectivity may be interrupted;
• Third-party providers may experience outages;
• Software defects may occur;
• Security incidents may occur;
• Maintenance may temporarily interrupt service.

Accordingly, the Services are provided on an “as available” and “as is” basis.

LaviScanIQ does not guarantee uninterrupted, secure, error-free, or continuous operation of the Services.

To the maximum extent permitted by law, LaviScanIQ disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Availability;
• Accuracy;
• Reliability;
• Performance;
• Security;
• Data integrity.

LaviScanIQ does not warrant that:

• The Services will meet Customer requirements;
• Results obtained through the Services will be accurate;
• Data will never be lost;
• Defects will be corrected;
• The Services will operate without interruption.

To the fullest extent permitted by applicable law, LaviScanIQ and its directors, officers, employees, contractors, affiliates, licensors, suppliers, successors, and assigns shall not be liable for any:

• Indirect damages;
• Incidental damages;
• Special damages;
• Consequential damages;
• Exemplary damages;
• Punitive damages;
• Loss of profits;
• Loss of business opportunities;
• Loss of goodwill;
• Business interruption;
• Data loss;
• Regulatory penalties;
• Compliance failures;
• Personal injury claims arising from inaccurate records;
• Third-party claims.

Whether arising in contract, tort, negligence, strict liability, statute, equity, or otherwise.

To the maximum extent permitted by law, the total cumulative liability of LaviScanIQ arising out of or relating to the Services shall not exceed the greater of:

1. One hundred Canadian dollars (CAD $100); or
2. The total amount paid by the Customer to LaviScanIQ during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory asserted.

The Customer agrees to defend, indemnify, and hold harmless LaviScan IQ and its directors, officers, employees, contractors, affiliates, licensors, and agents from and against any claims, damages, losses, liabilities, penalties, judgments, settlements, costs, and legal fees arising from:

• Customer Data;
• Customer misuse of the Services;
• Regulatory violations;
• Privacy violations;
• Unauthorized disclosures;
• False service records;
• Misrepresentations by registered users;
• Customer negligence;
• Violations of these Terms;
• Claims by third parties related to Customer activities.

Users shall not:

• Use the Services unlawfully;
• Upload false or misleading information;
• Interfere with Service operation;
• Reverse engineer the platform;
• Attempt unauthorized access;
• Introduce malicious software;
• Circumvent security controls;
• Copy, resell, sublicense, or commercially exploit the Services without written authorization;
• Use the Services in a manner that violates privacy, human rights, employment, consumer protection, or other applicable laws.

All rights, title, and interest in and to the Services, including software, databases, source code, designs, trademarks, logos, workflows, documentation, and proprietary technology remain the exclusive property of LaviScanIQ or its licensors.

No ownership rights are transferred to Customers.

Customers receive only a limited, revocable, non-transferable, non-exclusive license to use the Services in accordance with these Terms.

Customers are responsible for ensuring that their use of the Services complies with:

• Applicable privacy legislation;
• Employment laws;
• Consumer protection laws;
• Industry regulations;
• Recordkeeping requirements;
• Human rights legislation.

LaviScanIQ is not responsible for determining whether Customer use complies with applicable legal requirements.

LaviScanIQ may suspend, restrict, or terminate access to the Services immediately and without prior notice if:

• These Terms are violated;
• Fraudulent activity is suspected;
• Security risks are identified;
• Required by law;
• Necessary to protect the platform, other users, or LaviScanIQ.

Termination does not relieve the Customer of obligations accrued prior to termination.

Customers are responsible for maintaining independent backups of important records. While LaviScanIQ may maintain backups for operational purposes, no guarantee is made regarding restoration of data following accidental deletion, corruption, cyberattack, disaster, system failure, or other events.

LaviScanIQ shall not be liable for any delay, interruption, failure, or inability to perform caused by circumstances beyond its reasonable control, including:

• Natural disasters;
• Severe weather;
• Fire;
• Flood;
• Utility failures;
• Internet outages;
• Cyberattacks;
• Labour disputes;
• Government actions;
• Public health emergencies;
• Supplier failures.

LaviScanIQ reserves the right to modify, enhance, discontinue, replace, remove, or update any aspect of the Services at any time without liability. Features, functionality, pricing, specifications, and system requirements may change without notice.

LaviScanIQ may amend these Terms from time to time.

Updated Terms become effective upon posting to the applicable website, platform, or application unless otherwise specified.

Continued use of the Services constitutes acceptance of the revised Terms.

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Before commencing legal proceedings, the parties agree to attempt in good faith to resolve disputes through informal negotiations.

Any dispute that cannot be resolved informally shall be brought exclusively before the courts located in Kitchener/Waterloo, Ontario, Canada.

The parties irrevocably submit to the jurisdiction of those courts.

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between the parties regarding the Services and supersede all prior discussions, representations, negotiations, understandings, and agreements relating to the subject matter herein.