Bowrand Inc. Terms and Conditions

User Conduct and Restrictions

You must use Bowrand Inc. only in compliance with all applicable laws and these Terms. In particular, you shall not use Bowrand Inc. or its interfaces to engage in any prohibited activities. Prohibited actions include, without limitation:

• Illegal or unauthorized use – Violating any law or infringing the rights (privacy, intellectual property or otherwise) of any third party, or using Bowrand Inc. to commit fraud, scams, or any unlawful or abusive activity.
• Copying, mining or scraping – Employing any data-mining, robots, spiders, or similar data-gathering or extraction tools, or otherwise copying, downloading, reproducing, distributing, reselling, sublicensing, renting, or transferring Bowrand Inc. or any of its content without Bowrand’s express written consent.
• Reverse engineering and interference – Attempting to reverse engineer, decompile, disassemble, modify, or discover any source code or non-public interfaces of Bowrand Inc.; using Bowrand Inc. to disable, overly burden or impair the platform’s operation, or to attempt unauthorized access.
• Uploading malicious content – Transmitting any viruses, malware, or other harmful code, or any defamatory, obscene, or objectionable material through Bowrand Inc.
• Disallowed commercial use – Selling, reselling, or providing Bowrand Inc. to third parties, or sublicensing it, without written permission from Bowrand.

Bowrand may, at its sole discretion, update these restrictions or suspend your access if you engage in prohibited conduct.

Data Handling and Privacy

Bowrand collects, uses, and stores data you provide in accordance with applicable Canadian privacy laws (including PIPEDA and Alberta’s private-sector privacy statute) and our Privacy Policy. You retain ownership of data you upload to Bowrand Inc., but you grant Bowrand a perpetual, worldwide license to use, store, and process that data to provide and improve the Service. We implement reasonable technical and organizational measures to protect your data, but we cannot guarantee against all security breaches. You assume all responsibility for any information you submit, and Bowrand shall have no liability for loss or disclosure of your data beyond its reasonable control. Bowrand may access or disclose your data to comply with legal requirements or to protect its rights, and may delete or suspend access to your data if it violates these Terms or any law.

Payment and Billing

Bowrand Inc. is provided on a subscription basis as set forth in your Order or Subscription. You agree to pay all fees (in Canadian dollars or as specified) for your subscription. Subscription fees are billed in advance (e.g., monthly) and must be paid by the due date. Bowrand reserves the right to change fees upon notice. All fees are non-refundable unless otherwise required by law. If any payment is late or declined, Bowrand may suspend or terminate your access until the balance is paid. You remain responsible for all fees incurred prior to termination.

Suspension and Termination

Bowrand may suspend or terminate your account and access to Bowrand Inc., at its sole discretion and without prior notice, for any reason or no reason (for example, if you breach these Terms, violate laws, or fail to pay fees). Upon suspension or termination, you must immediately stop using Bowrand Inc. and delete any local copies of its materials. Termination will not relieve you of payment obligations incurred before termination. Bowrand shall not be liable for any damages or losses arising from suspension or termination of access.

Disclaimers and Warranties

Bowrand Inc. IS PROVIDED “AS IS”, without warranties of any kind. Bowrand expressly disclaims all warranties (express, implied, or statutory) to the fullest extent permitted by law, including any implied warranty of merchantability, fitness for a particular purpose, availability, accuracy, or non-infringement. Bowrand does not warrant that Bowrand Inc. will be error-free, uninterrupted, secure, or meet your requirements. You acknowledge that your use of Bowrand Inc. is at your sole risk; you assume all responsibility for results obtained from its use.

Limitation of Liability

To the maximum extent permitted by law, Bowrand (and its officers, directors, employees, or affiliates) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost business, loss of data, or goodwill, arising out of or related to these Terms or your use of Bowrand Inc.. Bowrand’s total liability for any claim under these Terms will not exceed the amount of subscription fees you paid for one month’s Service (i.e., one month’s last-paid subscription fee). This cap applies regardless of the form of action (contract, tort, negligence, etc.) and even if Bowrand was aware of the possibility of damages. In no event will Bowrand be liable for lost profits or any speculative losses. Any claim for damages must be brought within one year after the cause of action arises.

Indemnification

You agree to indemnify, defend, and hold harmless Bowrand (and its officers, directors, employees, agents, and affiliates) from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your breach of these Terms or your misuse of Bowrand Inc. This includes claims related to your unlawful use, negligence, scams, or actions of third parties using your account. Bowrand is not responsible for third-party claims related to your use of Bowrand Inc. This indemnity obligation survives termination of your access.

Dispute Resolution

The parties agree to attempt in good faith to resolve any controversy or claim arising out of or relating to these Terms by negotiation or mediation before pursuing any formal legal action. If the dispute is not resolved within 30 days, the parties may proceed with arbitration or litigation as follows:

• Individual Arbitration or Court Action – Any unresolved dispute shall be submitted on an individual basis either to binding arbitration in Alberta or to the courts of Alberta. (The user may elect arbitration or court; Bowrand is not required to agree to arbitration for all claims.)
• No Class Actions – You and Bowrand agree that any claim or dispute must be brought individually, and class, collective, or representative actions are expressly waived. To the extent permitted by law, you may not participate in a class or consolidated proceeding against Bowrand.

This dispute process shall be governed by the Arbitration Act (Alberta) for arbitration or the Alberta Rules of Court for litigation. Nothing in this section precludes either party from seeking injunctive relief or provisional remedies in Alberta courts.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. You and Bowrand submit to the exclusive jurisdiction of the courts of Alberta for any dispute arising out of these Terms. Any clause referring to the Alberta courts (“submit to jurisdiction”, “attorn to”, etc.) is intended as an exclusive jurisdiction clause. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.