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EnOpSy Terms of Service

These Terms of Service are a legal agreement between you and AllHeart Web Inc, a company incorporated in Canada.AllHeart Web Inc operates EnOpSy and its related websites, software, applications, portals, modules, APIs, integrations, hosted services, managed services, and on-premise products. In these Terms, AllHeart Web Inc may be called “EnOpSy,” “we,” “us,” or “our.”

By creating an account, buying a subscription, signing an order form, accessing EnOpSy, or using any EnOpSy product, you agree to these Terms. Please do not use EnOpSy if you do not agree to these Terms.

Effective Date: December 22, 2025Last Updated: August 4, 2026
Table of contents
  1. 1.About EnOpSy
  2. 2.Meaning of Important Words
  3. 3.Who May Use EnOpSy
  4. 4.Your Account
  5. 5.Customer Responsibility for Authorized Users
  6. 6.Permission to Use EnOpSy
  7. 7.Free Plans and Trials
  8. 8.Paid Subscriptions
  9. 9.Prices and Taxes
  10. 10.Refunds
  11. 11.Late and Failed Payments
  12. 12.Customer Data Ownership
  13. 13.Customer Data Responsibilities
  14. 14.Personal and Sensitive Information
  15. 15.Privacy
  16. 16.Data Security
  17. 17.Backups and Data Loss
  18. 18.Acceptable Use
  19. 19.Email, SMS, WhatsApp, and Marketing Tools
  20. 20.Accounting, Payroll, Tax, and Financial Features
  21. 21.Human Resources and Employment Features
  22. 22.Electronic Signatures and Documents
  23. 23.Blockchain and Tamper-Resistant Records
  24. 24.Artificial Intelligence Features
  25. 25.APIs and Integrations
  26. 26.Third-Party Services
  27. 27.Payment Processing
  28. 28.Intellectual Property
  29. 29.Feedback
  30. 30.Confidential Information
  31. 31.Service Changes
  32. 32.Availability and Maintenance
  33. 33.Support
  34. 34.Beta and Early-Access Features
  35. 35.Suspension
  36. 36.Termination by the Customer
  37. 37.Termination by EnOpSy
  38. 38.Data After Termination
  39. 39.Legal Requests and Investigations
  40. 40.Export Controls and Sanctions
  41. 41.Disclaimers
  42. 42.Limitation of Liability
  43. 43.Customer Indemnity
  44. 44.Changes to These Terms
  45. 45.Notices
  46. 46.Governing Law
  47. 47.Force Majeure
  48. 48.Transfer of These Terms
  49. 49.Relationship Between the Parties
  50. 50.Order of Documents
  51. 51.General Terms
  52. 52.Contact Information

On this page

  1. 1.About EnOpSy
  2. 2.Meaning of Important Words
  3. 3.Who May Use EnOpSy
  4. 4.Your Account
  5. 5.Customer Responsibility for Authorized Users
  6. 6.Permission to Use EnOpSy
  7. 7.Free Plans and Trials
  8. 8.Paid Subscriptions
  9. 9.Prices and Taxes
  10. 10.Refunds
  11. 11.Late and Failed Payments
  12. 12.Customer Data Ownership
  13. 13.Customer Data Responsibilities
  14. 14.Personal and Sensitive Information
  15. 15.Privacy
  16. 16.Data Security
  17. 17.Backups and Data Loss
  18. 18.Acceptable Use
  19. 19.Email, SMS, WhatsApp, and Marketing Tools
  20. 20.Accounting, Payroll, Tax, and Financial Features
  21. 21.Human Resources and Employment Features
  22. 22.Electronic Signatures and Documents
  23. 23.Blockchain and Tamper-Resistant Records
  24. 24.Artificial Intelligence Features
  25. 25.APIs and Integrations
  26. 26.Third-Party Services
  27. 27.Payment Processing
  28. 28.Intellectual Property
  29. 29.Feedback
  30. 30.Confidential Information
  31. 31.Service Changes
  32. 32.Availability and Maintenance
  33. 33.Support
  34. 34.Beta and Early-Access Features
  35. 35.Suspension
  36. 36.Termination by the Customer
  37. 37.Termination by EnOpSy
  38. 38.Data After Termination
  39. 39.Legal Requests and Investigations
  40. 40.Export Controls and Sanctions
  41. 41.Disclaimers
  42. 42.Limitation of Liability
  43. 43.Customer Indemnity
  44. 44.Changes to These Terms
  45. 45.Notices
  46. 46.Governing Law
  47. 47.Force Majeure
  48. 48.Transfer of These Terms
  49. 49.Relationship Between the Parties
  50. 50.Order of Documents
  51. 51.General Terms
  52. 52.Contact Information

1.About EnOpSy

EnOpSy is a business operations platform. It may include tools for:

  • Customer relationship management
  • Human resources
  • Employee management
  • Attendance and leave
  • Accounting
  • Invoicing and billing
  • Payroll
  • Orders and quotations
  • Projects and tasks
  • Documents and file storage
  • Team communication
  • Calendars and meetings
  • Customer support
  • Subscriptions and payments
  • Reports and analytics
  • Business automation
  • APIs and integrations
  • Client and employee portals
  • Authentication and security
  • Blockchain-based records
  • Artificial intelligence features
  • Other current or future business tools

Some features may not be available in every country, plan, product, or deployment type.

2.Meaning of Important Words

For these Terms:

Account
means an EnOpSy user or organization account.
Administrator
means a person allowed to manage an Account, organization, workspace, or subscription.
Customer
means the person or organization that creates, buys, or controls an Account.
Authorized User
means an employee, contractor, client, customer, agent, or other person allowed by the Customer to use EnOpSy.
Customer Data
means information, files, records, messages, documents, and other content added to EnOpSy by or for the Customer.
Order Form
means a written or online order showing the plan, price, services, users, limits, and subscription period.
Products or Services
means all EnOpSy products, websites, apps, APIs, portals, modules, software, integrations, and related services.
Subscription Term
means the period for which a paid EnOpSy plan is active.

3.Who May Use EnOpSy

You must be at least 18 years old and able to enter into a legal agreement.

When using EnOpSy for a company or another organization, you confirm that:

  • You have permission to accept these Terms for that organization.
  • The organization will follow these Terms.
  • You have permission to create and manage the Account.
  • The information you give us is correct and complete.

You must not create an Account using false information or pretend to be another person or company.

4.Your Account

You are responsible for all activity under your Account.

You must:

  • Keep your login details secure.
  • Use strong passwords.
  • Protect authentication codes and recovery keys.
  • Remove access when an employee or contractor leaves.
  • Keep Account information correct and updated.
  • Tell us quickly about suspected unauthorized access.
  • Use security features provided by EnOpSy where suitable.

You must not share one user login between several people unless your plan clearly allows it.

Administrators may access, manage, export, restrict, or delete information belonging to Authorized Users within their organization.

The Customer is responsible for choosing its Administrators and managing their permissions.

5.Customer Responsibility for Authorized Users

The Customer is responsible for all Authorized Users.

The Customer must make sure that its Authorized Users:

  • Follow these Terms.
  • Only access information they are allowed to see.
  • Do not share login details.
  • Do not misuse Customer Data.
  • Follow applicable employment, privacy, marketing, tax, and business laws.

Actions taken by an Authorized User may be treated as actions taken by the Customer.

6.Permission to Use EnOpSy

During an active Subscription Term, EnOpSy gives the Customer a limited, non-exclusive, non-transferable, and revocable right to use the Products included in its plan.

This permission is only for the Customer's internal business needs unless an Order Form allows another use.

The Customer does not receive ownership of EnOpSy software, code, designs, trademarks, systems, or technology.

The Customer may not sell, rent, sublicense, copy, or provide EnOpSy to another organization unless we give written permission.

7.Free Plans and Trials

EnOpSy may offer free plans, free trials, credits, promotional access, or test accounts.

Free access may have limits on:

  • Users
  • Companies
  • Projects
  • Records
  • Documents
  • Storage
  • Messages
  • API requests
  • Invoices
  • Transactions
  • Reports
  • Support
  • Integrations
  • Other features

We may change free-plan features and limits.

We may end or restrict free access when:

  • The Account is inactive.
  • The Account is being misused.
  • The Customer breaks these Terms.
  • The free product is changed or discontinued.
  • Continued access creates a security or legal risk.

A trial will only become a paid subscription when this is clearly stated during signup, in an Order Form, or on the payment page.

The Customer is responsible for cancelling before the trial ends when automatic conversion was clearly disclosed.

8.Paid Subscriptions

Paid subscriptions may be billed monthly, yearly, or under another billing period shown at checkout or in an Order Form.

The Customer agrees to pay:

  • Subscription charges
  • User charges
  • Usage charges
  • Add-on charges
  • Setup or onboarding charges
  • Support charges
  • Applicable taxes
  • Other agreed charges

Payments must be made using an accepted payment method.

Unless an Order Form says otherwise, paid subscriptions automatically renew for the same billing period until cancelled.

The Customer may cancel renewal through its Account, by contacting EnOpSy, or by following the method shown in the Order Form.

Cancellation normally takes effect at the end of the current paid billing period.

9.Prices and Taxes

Prices may be shown in Canadian dollars, US dollars, Indian rupees, or another supported currency.

The Customer is responsible for all taxes, duties, bank charges, currency conversion charges, and government fees connected with the purchase.

We may change prices for future billing periods.

For an existing paid subscription, we will try to give reasonable notice before a price change applies to the next renewal.

A price change does not normally affect a billing period that has already been paid.

10.Refunds

Payments are non-refundable unless:

  • The Order Form says otherwise.
  • A written refund policy applies.
  • EnOpSy agrees to a refund in writing.
  • A refund is required by law.

Unused time, credits, users, storage, API requests, or other limits do not automatically create a refund right.

The Customer must contact us quickly if it believes that a payment was made by mistake.

Payment disputes or chargebacks made without first contacting us may lead to Account suspension.

11.Late and Failed Payments

If a payment is late, rejected, reversed, or disputed, we may:

  • Retry the payment.
  • Ask the Customer to update its payment method.
  • Limit paid features.
  • Suspend the Account.
  • Stop new transactions or usage.
  • Charge reasonable recovery costs where allowed.
  • Terminate the subscription after notice.

The Customer remains responsible for unpaid charges.

12.Customer Data Ownership

The Customer keeps ownership of Customer Data.

The Customer gives EnOpSy permission to host, copy, process, transmit, display, back up, and use Customer Data only as reasonably needed to:

  • Provide the Products.
  • Complete Customer instructions.
  • Maintain and secure the Products.
  • Prevent fraud and misuse.
  • Provide support.
  • Meet legal duties.
  • Improve product performance using aggregated or de-identified information.

This permission continues only for as long as needed to provide the Products or meet legal, security, backup, or record-keeping duties.

EnOpSy does not receive ownership of Customer Data.

13.Customer Data Responsibilities

The Customer confirms that it has all rights, permissions, notices, and legal reasons needed to collect, upload, use, and share Customer Data through EnOpSy.

The Customer is responsible for:

  • The accuracy of Customer Data.
  • Getting consent where required.
  • Giving privacy notices to employees and customers.
  • Setting correct access permissions.
  • Deciding how long records should be kept.
  • Responding to requests from data subjects.
  • Making sure Customer Data is lawful.
  • Keeping copies of important business records.
  • Following local laws in every country where it operates.

The Customer must not upload data that it has no right to collect, use, or share.

14.Personal and Sensitive Information

Some EnOpSy features may process personal information relating to employees, customers, vendors, contractors, or other people.

The Customer must only collect information that is reasonably needed for a lawful business purpose.

Unless EnOpSy has agreed in writing, the Customer must not use EnOpSy to store highly regulated information that requires special legal or technical controls, including:

  • Full payment card information
  • Medical records
  • Protected health information
  • Biometric templates
  • Government passwords
  • Classified government information
  • Information connected with illegal activities
  • Other information prohibited by law

A separate Data Processing Agreement may apply when EnOpSy processes personal information for a Customer.

15.Privacy

Our Privacy Policy explains how EnOpSy collects and uses information relating to Account holders and visitors.

By using EnOpSy, you understand that information may be processed in countries where EnOpSy, its service providers, or its infrastructure operate.

Where required, EnOpSy and the Customer may enter into a Data Processing Agreement or other privacy agreement.

The Privacy Policy forms part of these Terms.

Privacy Policy: enopsy.com/privacy-policy

16.Data Security

EnOpSy uses reasonable administrative, technical, and organizational steps to protect the Products and Customer Data.

However, no internet service, software, network, or storage system can be completely secure.

The Customer is responsible for:

  • Account passwords
  • User permissions
  • Device security
  • Network security
  • Exported files
  • Third-party integrations
  • Internal policies
  • Employee training
  • Backup requirements
  • Correct use of security settings

The Customer must report a suspected security issue to:

Security Email: [email protected]

The Customer must not publicly share a security issue before giving EnOpSy a reasonable chance to investigate it.

17.Backups and Data Loss

EnOpSy may create backups as part of normal operations.

Backups are not guaranteed unless a written Order Form or Service Level Agreement clearly provides a backup commitment.

The Customer should keep separate copies of important records, reports, invoices, files, and data.

EnOpSy is not responsible for data loss caused by:

  • Customer deletion
  • Incorrect settings
  • Unauthorized Account access
  • Third-party integrations
  • Customer devices or networks
  • Events outside EnOpSy's reasonable control
  • The Customer's failure to maintain its own required backup

18.Acceptable Use

The Customer and Authorized Users must use EnOpSy lawfully and responsibly.

You must not use EnOpSy to:

  • Break any law.
  • Commit fraud.
  • Steal information.
  • Send spam or unlawful marketing messages.
  • Harass, threaten, or abuse another person.
  • Discriminate unlawfully.
  • Upload malware, viruses, or harmful code.
  • Attack or test systems without permission.
  • Avoid security controls.
  • Access another Account without permission.
  • Collect personal information unlawfully.
  • Track people without proper notice or permission.
  • Infringe intellectual property rights.
  • Upload illegal or harmful content.
  • Run an illegal financial scheme.
  • Process illegal payments.
  • Support terrorism or sanctioned activity.
  • Create fake identities or records.
  • Mislead customers, employees, regulators, or the public.
  • Overload or damage the Products.
  • Copy or reverse engineer EnOpSy.
  • Resell EnOpSy without written permission.
  • Use automated tools in a way that harms the Products.
  • Bypass user, storage, credit, API, or plan limits.

We may investigate suspected misuse and may limit or suspend access while an investigation is taking place.

19.Email, SMS, WhatsApp, and Marketing Tools

EnOpSy may allow Customers to send emails, SMS messages, WhatsApp messages, notifications, or marketing campaigns.

The Customer is fully responsible for messages sent through its Account.

The Customer must:

  • Have valid permission or another lawful reason to contact each recipient.
  • Clearly identify the sender.
  • Provide an unsubscribe method where required.
  • Respect unsubscribe and stop requests.
  • Keep consent records where required.
  • Follow anti-spam, privacy, telemarketing, and consumer laws.
  • Avoid misleading subject lines or sender details.
  • Avoid bought, stolen, or unlawfully collected contact lists.

EnOpSy may limit or suspend messaging features when there are high complaint rates, unusual sending activity, blocked messages, or suspected violations.

20.Accounting, Payroll, Tax, and Financial Features

EnOpSy may provide tools for accounting, payroll, invoicing, currency conversion, tax records, expenses, bank records, and financial reports.

These tools do not replace advice from a qualified accountant, tax professional, auditor, lawyer, or financial adviser.

The Customer is responsible for:

  • Reviewing financial records.
  • Checking tax rates.
  • Checking currency rates.
  • Approving payroll.
  • Filing tax returns.
  • Paying employees and government authorities.
  • Following local accounting rules.
  • Correcting errors.
  • Keeping required documents.

EnOpSy does not guarantee that a report, calculation, invoice, payroll result, or tax figure will be accepted by a government authority.

21.Human Resources and Employment Features

EnOpSy may provide tools for attendance, leave, payroll, hiring, employee records, performance, timesheets, and workplace management.

The Customer remains responsible for all employment decisions.

EnOpSy does not act as an employer, recruitment agency, labour adviser, or human resources professional.

The Customer must follow applicable rules relating to:

  • Wages
  • Working hours
  • Leave
  • Overtime
  • Employee monitoring
  • Hiring
  • Termination
  • Workplace privacy
  • Discrimination
  • Payroll
  • Employee records

The Customer must clearly inform employees about any monitoring, attendance, location, activity, or performance tracking used through EnOpSy.

22.Electronic Signatures and Documents

EnOpSy may provide document creation, approval, storage, audit trails, or electronic signature features.

The Customer is responsible for deciding whether an electronic signature or document is legally valid for its purpose and location.

The Customer must verify:

  • The identity of each signer.
  • The authority of each signer.
  • The final document content.
  • Any witness or notarization requirement.
  • Any record-retention requirement.

EnOpSy does not provide legal advice about contracts or signatures.

23.Blockchain and Tamper-Resistant Records

Some EnOpSy features may create blockchain-based, hashed, timestamped, or tamper-resistant records.

The Customer understands that:

  • Some records may not be editable after they are written.
  • Correcting a record may require a new entry.
  • A blockchain record does not prove that the original information was true.
  • The Customer must check information before submitting it.
  • Network fees or technical limits may apply.
  • Blockchain services may depend on third-party networks.

EnOpSy does not guarantee the legal acceptance of a blockchain record in every country.

24.Artificial Intelligence Features

Some Products may use artificial intelligence or automated systems.

AI results may be incomplete, incorrect, outdated, or unsuitable for the Customer's purpose.

The Customer must review AI results before using them for:

  • Legal decisions
  • Employment decisions
  • Financial decisions
  • Medical decisions
  • Credit decisions
  • Compliance decisions
  • Important customer communications
  • Other high-impact decisions

The Customer must not treat an AI result as professional advice.

EnOpSy may limit or disable an AI feature when needed for security, quality, cost, legal, or technical reasons.

25.APIs and Integrations

EnOpSy may provide APIs, webhooks, developer tools, and third-party integrations.

The Customer must protect API keys and access tokens.

The Customer must not:

  • Share private keys publicly.
  • Make requests above allowed limits.
  • Use APIs to attack or overload the Products.
  • Use APIs to collect data unlawfully.
  • Avoid billing or usage limits.
  • Build a competing copy of EnOpSy.
  • Sell API access without permission.

We may change API limits, versions, endpoints, or security requirements.

Where reasonable, we will try to give notice before ending a major paid API version.

Third-party integrations may stop working because of changes made by the third party.

26.Third-Party Services

EnOpSy may connect with third-party products, such as:

  • Payment gateways
  • Banks
  • Email providers
  • SMS providers
  • WhatsApp providers
  • Cloud hosting providers
  • Accounting software
  • Calendar services
  • Storage services
  • Authentication providers
  • AI providers
  • Other business applications

Third-party products have their own terms and privacy policies.

EnOpSy does not control third-party products and is not responsible for their:

  • Availability
  • Security
  • Prices
  • Data use
  • Errors
  • Changes
  • Service interruptions
  • Account suspensions

The Customer is responsible for reviewing and accepting third-party terms.

27.Payment Processing

Payments made through EnOpSy may be processed by third-party payment providers.

The Customer authorizes EnOpSy and its payment providers to charge the selected payment method for approved fees.

Payment providers may require separate identity, business, banking, tax, or compliance information.

EnOpSy is not a bank and does not provide banking, credit, investment, or money-transmission services unless clearly stated in a separate written agreement.

28.Intellectual Property

EnOpSy and its licensors own all rights in the Products, including:

  • Software
  • Source code
  • Object code
  • Designs
  • Layouts
  • Databases
  • Workflows
  • Documentation
  • Reports
  • Templates
  • Logos
  • Trademarks
  • Product names
  • Business methods
  • Technology
  • Improvements

These Terms do not transfer any EnOpSy intellectual property to the Customer.

The Customer may not remove copyright, trademark, or ownership notices.

29.Feedback

The Customer may provide ideas, requests, comments, or suggestions about EnOpSy.

The Customer gives EnOpSy permission to use this feedback without payment or restriction.

EnOpSy is not required to use any feedback.

Feedback must not include confidential information belonging to another person or company.

30.Confidential Information

Each party may receive confidential information from the other party.

Confidential information includes information that is marked confidential or should reasonably be understood as private.

Each party agrees to:

  • Protect confidential information.
  • Use it only for the agreed business purpose.
  • Share it only with people who need it.
  • Require those people to protect it.
  • Not disclose it without permission.

Confidential information does not include information that:

  • Is already public without a breach.
  • Was already lawfully known.
  • Is received lawfully from another source.
  • Is independently created without using confidential information.

A party may disclose confidential information when required by law, court order, or government authority.

Where legally allowed, that party should give advance notice before disclosure.

31.Service Changes

We may update, improve, replace, or remove parts of EnOpSy.

We may make changes for:

  • Security
  • Legal compliance
  • Product improvement
  • Technical needs
  • Third-party changes
  • Cost control
  • Fraud prevention
  • Customer safety

For paid plans, we will make reasonable efforts not to remove important core features during the current paid Subscription Term without a valid reason.

Some changes may require the Customer to update settings, software, integrations, or business processes.

32.Availability and Maintenance

We work to keep EnOpSy available, but uninterrupted service is not guaranteed.

The Products may be unavailable because of:

  • Planned maintenance
  • Emergency maintenance
  • Internet problems
  • Cloud provider problems
  • Third-party service problems
  • Cyberattacks
  • Software errors
  • Hardware failure
  • Government action
  • Natural disasters
  • Events outside our reasonable control

Any uptime promise only applies when it is included in a written Service Level Agreement or Order Form.

Free plans and trial services do not include an uptime guarantee.

33.Support

Support may be provided by email, chat, ticket, telephone, video call, or another method.

Support times and response targets may depend on the Customer's plan.

A support response time is not always the same as a resolution time.

The Customer must provide enough information for us to investigate an issue.

We may need temporary access to settings, logs, or Customer Data to provide support. We will only use that access for support, security, or troubleshooting purposes.

34.Beta and Early-Access Features

Beta, preview, experimental, pilot, or early-access features may not be complete.

These features may:

  • Have errors.
  • Change without notice.
  • Stop working.
  • Lose data.
  • Have limited support.
  • Be removed before full release.

The Customer uses beta features at its own risk.

Beta features should not be used for important or regulated work unless EnOpSy gives written permission.

35.Suspension

We may suspend all or part of an Account when:

  • A payment is overdue.
  • The Customer breaks these Terms.
  • The Account creates a security risk.
  • We suspect fraud or illegal activity.
  • Usage harms EnOpSy or another customer.
  • Suspension is required by law.
  • A third-party provider requires suspension.
  • The Customer does not respond to an important security request.

Where reasonable, we will try to notify the Customer before suspension.

Immediate suspension may be used when delay could cause harm.

The Customer remains responsible for charges during a suspension caused by the Customer.

36.Termination by the Customer

The Customer may stop using EnOpSy at any time.

A paid subscription must be cancelled using the available cancellation method.

Unless required by law or agreed in writing:

  • Cancellation takes effect at the end of the current billing period.
  • Paid fees are not refunded.
  • Unused limits or credits are not refunded.
  • The Customer remains responsible for unpaid charges.

Deleting an app or stopping use does not always cancel a paid subscription.

37.Termination by EnOpSy

We may terminate an Account or subscription when:

  • The Customer seriously breaks these Terms.
  • A breach is not fixed after notice.
  • The Customer does not pay.
  • The Account is used illegally.
  • Continued service creates a security or legal risk.
  • A government authority requires termination.
  • The Products are discontinued.
  • The Customer becomes insolvent or stops business operations.
  • The Customer abuses EnOpSy staff, systems, or other users.

Where reasonable, we will give notice before termination.

38.Data After Termination

Before cancellation or termination, the Customer should export needed data.

After termination, access to Customer Data may end immediately or at the end of the paid period.

Where available and allowed by the Customer's plan, EnOpSy may keep Customer Data for up to 30 days to allow export or recovery.

After that period, Customer Data may be deleted or made inaccessible.

Some information may remain longer in:

  • Backups
  • Security logs
  • Financial records
  • Audit records
  • Legal records
  • Records required by law

Deleted data may not be recoverable.

39.Legal Requests and Investigations

We may access, preserve, or disclose information when we reasonably believe it is needed to:

  • Follow a law or court order.
  • Answer a valid government request.
  • Investigate fraud.
  • Protect EnOpSy.
  • Protect customers or the public.
  • Enforce these Terms.
  • Prevent serious harm.
  • Respond to a security incident.

Where legally allowed, we may notify the Customer about a legal request.

40.Export Controls and Sanctions

The Customer must follow applicable export-control, trade, and sanctions laws.

The Customer must not use EnOpSy for a prohibited person, organization, country, or activity.

The Customer confirms that it is not restricted from using the Products under applicable law.

We may block access from certain locations or Accounts when required for legal or security reasons.

41.Disclaimers

EnOpSy is provided on an "as available" and "as is" basis, to the maximum extent allowed by law.

We do not promise that:

  • The Products will always be available.
  • The Products will have no errors.
  • Every feature will meet every business need.
  • Data will never be lost.
  • Every integration will continue working.
  • Reports or calculations will always be correct.
  • The Products will meet every legal or industry rule.
  • Every security threat will be prevented.
  • Business results, sales, profits, or savings will be achieved.

The Customer is responsible for checking whether EnOpSy is suitable for its business and legal needs.

Nothing in these Terms removes a right that cannot legally be removed.

42.Limitation of Liability

To the maximum extent allowed by law, EnOpSy and AllHeart Web Inc will not be responsible for:

  • Lost profits
  • Lost revenue
  • Lost business
  • Lost opportunities
  • Loss of goodwill
  • Loss of data
  • Indirect loss
  • Special loss
  • Punitive damages
  • Business interruption
  • Third-party claims
  • Costs caused by Customer errors
  • Problems caused by third-party products

To the maximum extent allowed by law, the total liability of EnOpSy and AllHeart Web Inc for all claims connected with the Products will not be more than the total amount paid by the Customer to EnOpSy during the 12 months before the event that caused the claim.

For a free Account, the total liability will not be more than CAD $100.

These limits apply whether the claim is based on contract, negligence, law, or another legal reason.

These limits do not apply where the law does not allow a liability to be limited.

43.Customer Indemnity

The Customer agrees to protect and compensate EnOpSy, AllHeart Web Inc, and their directors, employees, contractors, and partners against third-party claims caused by:

  • Customer Data
  • The Customer's use of EnOpSy
  • An Authorized User's actions
  • A breach of these Terms
  • A breach of law
  • An intellectual property violation
  • Unlawful marketing messages
  • Employment decisions
  • Financial or tax errors made by the Customer
  • Use of EnOpSy without proper permission

EnOpSy will give reasonable notice of a covered claim.

The Customer may not settle a claim in a way that admits fault by EnOpSy or creates a duty for EnOpSy without written permission.

44.Changes to These Terms

We may update these Terms.

We may give notice through:

  • The EnOpSy website
  • The Customer's Account
  • Email
  • An in-product message
  • Another reasonable method

For important changes, we will try to give notice before the new Terms take effect.

Continued use after the effective date of updated Terms means the Customer accepts the updated Terms.

When required by law, we will ask for new consent.

45.Notices

Legal notices to EnOpSy must be sent to:

AllHeart Web Inc
Address: 6660 Kennedy Rd
City and Province: Mississauga, Ontario
Country: Canada
Legal Email: [email protected]

We may send notices to the email address connected with the Customer's Account.

The Customer must keep its email and contact information updated.

46.Governing Law

These Terms are governed by the laws of Ontario, Canada, and the applicable federal laws of Canada.

Any dispute must be brought before the courts located in Mississauga, Ontario, unless another written agreement requires a different process.

Before starting a court case, both parties agree to make a reasonable effort to solve the dispute through good-faith discussion.

Nothing in this section removes consumer rights that cannot legally be removed.

47.Force Majeure

Neither party will be responsible for a delay caused by an event outside its reasonable control.

This may include:

  • Natural disasters
  • War
  • Terrorism
  • Riots
  • Labour disputes
  • Government action
  • Internet failure
  • Power failure
  • Cloud-provider failure
  • Cyberattacks
  • Epidemics
  • Supply shortages

This section does not remove the Customer's duty to pay charges that were already due.

48.Transfer of These Terms

The Customer may not transfer these Terms, its Account, or its subscription without written permission from EnOpSy.

EnOpSy may transfer these Terms as part of:

  • A merger
  • A company reorganization
  • A sale of assets
  • A financing
  • A change of control
  • A transfer to an affiliate

Any transfer remains subject to applicable law.

49.Relationship Between the Parties

The Customer and EnOpSy are independent parties.

These Terms do not create:

  • An employment relationship
  • A partnership
  • A joint venture
  • An agency relationship
  • A franchise
  • A fiduciary relationship

Neither party may make promises for the other party without written permission.

50.Order of Documents

The Customer's use of EnOpSy may also be governed by:

  • A signed Order Form
  • A Data Processing Agreement
  • A Service Level Agreement
  • Product-specific terms
  • These Terms of Service
  • The Privacy Policy
  • Online plan descriptions

When documents conflict, the document listed higher above will control, unless that document clearly says otherwise.

51.General Terms

If one part of these Terms is found invalid, the rest will continue to apply.

A delay in enforcing a right does not mean that right has been given up.

Section headings are only used to make these Terms easier to read.

Words such as "including" mean "including without limitation."

These Terms and all documents included by reference form the complete agreement about the Products, unless the parties sign another written agreement.

Electronic acceptance and electronic signatures may be treated as original signatures where allowed by law.

Sections that should continue after termination will remain active, including sections about payments, ownership, confidentiality, liability, indemnity, disputes, and data retention.

52.Contact Information

Questions about these Terms may be sent to:

AllHeart Web Inc
Product: EnOpSy
Website: enopsy.com
Email: [email protected]
Address: 6660 Kennedy Rd, Mississauga, Ontario L5T 2M9, Canada

Questions about these Terms?

Reach our team at [email protected] or start your free EnOpSy account below.

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