Legal

Terms of Service

Last updated: December 2024

Contents

Acceptance of Terms

By accessing or using Varda Forms software, services, or website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service. We recommend that you print or save a copy of these Terms for your records.

Description of Service

Varda Forms is a self-hosted safety documentation, service request management, and operations platform. The Service includes:

  • Varda Forms software for installation on your infrastructure
  • Mobile applications for iOS and Android
  • Software updates and patches during your subscription period
  • Technical support as specified in your subscription plan
  • Documentation and training materials

Because Varda Forms is self-hosted, you are responsible for providing and maintaining the hardware, network infrastructure, and IT resources necessary to run the software.

License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Install and use Varda Forms software on your own servers or infrastructure
  • Allow your authorized users to access and use the software
  • Use the mobile applications in connection with your installation

License Restrictions

You may not:

  • Sublicense, sell, lease, or distribute the software to third parties
  • Modify, reverse engineer, decompile, or disassemble the software
  • Remove or alter any proprietary notices or labels
  • Use the software to provide services to third parties (unless explicitly authorized)
  • Exceed the number of users specified in your subscription
  • Use the software for any unlawful purpose

Account Registration

To purchase a subscription or access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

We reserve the right to suspend or terminate accounts that contain false information or violate these Terms.

Payment Terms

Subscription Fees

Varda Forms is offered on a subscription basis. By subscribing, you agree to pay the fees associated with your selected plan. All fees are quoted in Canadian Dollars (CAD) unless otherwise specified.

Billing

  • Monthly subscriptions are billed on a monthly basis from the date of purchase
  • Annual subscriptions are billed annually in advance
  • Fees are non-refundable except as required by law or as explicitly stated in these Terms

Price Changes

We may change our prices at any time. For existing subscribers, price changes will take effect at the start of your next billing cycle. We will provide at least 30 days' notice of any price increases.

Taxes

All fees are exclusive of applicable taxes (including GST, HST, PST, and sales tax). You are responsible for paying any taxes associated with your purchase.

Late Payment

If payment is not received by the due date, we may suspend your access to updates and support until payment is received. We reserve the right to charge interest on overdue amounts.

Acceptable Use

You agree to use Varda Forms only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Transmit any harmful code, viruses, or malware
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of the Service
  • Use the Service to collect personal information without consent
  • Use the Service in a manner that could damage our reputation

Your Data

Ownership

You retain all rights to the data you enter into Varda Forms. We do not claim any ownership of your data.

Self-Hosted Data

Because Varda Forms is self-hosted on your infrastructure:

  • Your data is stored on servers you own and control
  • We do not have access to your data unless you explicitly grant it
  • You are responsible for backing up your data
  • You are responsible for the security of your installation
  • You are responsible for compliance with applicable data protection laws

Data Protection

If you use Varda Forms to collect personal information from individuals, you are responsible for ensuring you have appropriate legal bases for processing, providing required notices, and complying with applicable privacy laws.

Intellectual Property

Varda Forms and its associated trademarks, logos, and content are the property of Varda Forms and are protected by copyright, trademark, and other intellectual property laws.

These Terms do not grant you any rights to use our trademarks, logos, or branding except as necessary to use the Service as intended. Any feedback or suggestions you provide may be used by us without obligation to you.

Warranties & Disclaimers

Limited Warranty

We warrant that the Service will perform substantially in accordance with the documentation during the subscription period. Your exclusive remedy for breach of this warranty is, at our option, repair or replacement of the software, or a refund of prepaid fees for the period during which the software did not conform.

Disclaimer

EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will meet all of your requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VARDA FORMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages arising from your use or inability to use the Service
  • Any damages arising from unauthorized access to your data

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Varda Forms and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your data or content
  • Any claims by your users or third parties relating to your use of the Service

Termination

Termination by You

You may terminate your subscription at any time by providing written notice. Termination will be effective at the end of your current billing period. You will not receive a refund for any remaining portion of your subscription.

Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice, if you:

  • Breach any provision of these Terms
  • Fail to pay fees when due
  • Engage in fraudulent or illegal activities
  • Use the Service in a manner that could harm us or other users

Effect of Termination

Upon termination:

  • Your license to use the software ends immediately
  • You must stop using the software and mobile applications
  • You retain access to your own data on your infrastructure
  • We are not obligated to provide any further support or updates

Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

For material changes that negatively affect your rights, we will provide at least 30 days' notice before the changes take effect.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Manitoba, Canada, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of Manitoba, Canada.

If you are a consumer, you may also have rights under the laws of your jurisdiction that cannot be waived by contract.

Contact Information

If you have questions about these Terms of Service, please contact us: