nevit Terms of Service

Effective Date: July 26, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE NEVIT PLATFORM. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and nevit ("Company," "we," "us," or "our"), governing your access to and use of the nevit workforce scheduling platform and all related services (collectively, the "Service"). If you do not agree to these Terms in their entirety, you must immediately discontinue all use of the Service.

2. Description of Service

nevit is a cloud-based workforce scheduling and management platform that enables businesses to create, manage, and publish employee schedules; manage time-off requests; coordinate shift-based workforces; and related functions. The Service is provided by nevit, a corporation organized and existing under the laws of Canada.

3. Eligibility

You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you satisfy these requirements and that your use of the Service does not violate any applicable law or regulation.

4. Accounts and Registration

4.1 Account Creation

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify the Company immediately upon becoming aware of any unauthorized access to or use of your account. The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your account.

4.3 Account Responsibility

You are responsible for all content submitted, and all actions taken, under your account, whether by you or any authorized or unauthorized third party. The Company reserves the right to refuse registration, suspend, or terminate any account at its sole discretion.

5. Intellectual Property

5.1 Company Intellectual Property

The Service, including without limitation all software, algorithms, interfaces, data structures, databases, documentation, trademarks, trade names, service marks, and all other intellectual property embodied therein or related thereto, is owned exclusively by nevit and is protected by applicable Canadian, United States, and international intellectual property laws. These Terms do not convey to you any ownership interest in or to the Service or any component thereof.

5.2 License Grant

Subject to your compliance with these Terms and, where applicable, payment of the applicable subscription fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business operations during the term of your subscription.

5.3 Restrictions

You shall not, and shall not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Service; (b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Service; (c) sell, sublicense, rent, lease, or otherwise transfer rights to the Service; (d) remove or alter any proprietary notices from the Service.

5.4 User Content

You retain ownership of all data, content, and information you submit to the Service ("User Content"). By submitting User Content, you grant the Company a worldwide, royalty-free, non-exclusive license to process, store, transmit, and display such User Content solely to the extent necessary to provide and improve the Service.

5.5 Feedback

If you submit or transmit any suggestions, ideas, enhancements, recommendations, or other feedback relating to the Service ("Feedback"), you hereby assign to the Company all right, title, and interest in and to such Feedback, and the Company may freely use such Feedback without restriction or obligation to you.

6. Acceptable Use

You agree not to use the Service to:

Violate any applicable local, provincial, national, or international law or regulation;
Infringe the intellectual property rights, privacy rights, or other rights of any third party;
Transmit or upload any content that is unlawful, defamatory, obscene, fraudulent, or otherwise objectionable;
Interfere with or disrupt the integrity or performance of the Service or any related systems;
Attempt to gain unauthorized access to the Service, its related systems, or the accounts of other users;
Use automated means to access or extract data from the Service without the Company's prior written authorization;
Introduce malicious code, malware, or any other harmful components into the Service;
Misrepresent your identity or affiliation with any person or entity.

7. Privacy

Your use of the Service is also governed by the Company's Privacy Policy, which is incorporated herein by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.

7.1 Location Data

Certain features of the Service, including time clock functionality, may collect and process precise geolocation data from the devices of your employees or other authorized users in order to verify attendance at a designated worksite. If you enable such features, you represent and warrant that you have provided all notices to, and obtained all consents from, your employees or other authorized users that are required under applicable law prior to enabling location tracking, and you authorize the Company to collect, process, transmit, and store this location data solely for the purpose of providing the Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEVIT AND ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE;
ANY WARRANTY THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

9.1 Exclusion of Consequential Damages

IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability

IN NO EVENT SHALL THE AGGREGATE CUMULATIVE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS, ACTIONS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

9.3 Essential Basis

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE COMPANY WOULD NOT HAVE PROVIDED THE SERVICE WITHOUT THESE LIMITATIONS.

9.4 Jurisdictional Limitations

Some jurisdictions do not permit the exclusion or limitation of certain categories of damages. In such jurisdictions, the Company's liability shall be limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all third-party claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to: (a) your access to or use of the Service; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your User Content; (e) your violation of any rights of a third party; or (f) the conduct of your employees, agents, or representatives in connection with the Service. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with such defense.

11. Termination

11.1 Termination by User

You may terminate your account at any time by using the account deletion functionality within the Service. Termination shall not entitle you to any refund of prepaid fees.

11.2 Termination by the Company

The Company may, at its sole discretion and without prior notice or liability, suspend or permanently terminate your access to the Service for any reason, including but not limited to breach of these Terms, non-payment, or conduct that the Company determines, in its sole judgment, to be harmful to the Service, other users, or the Company.

11.3 Effect of Termination

Upon termination of your account for any reason: (a) all licenses and rights granted to you under these Terms shall immediately and automatically terminate; (b) you must cease all use of the Service; (c) the Company may, but is not obligated to, delete your account and all associated User Content; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 8, 9, 10, 12, and 13.

12. Modifications to Terms and Service

12.1 Modifications to Terms

The Company reserves the right to amend these Terms at any time. For material amendments, the Company will provide notice by posting the revised Terms on the Service or through other reasonable means. Your continued use of the Service following the posting of revised Terms constitutes your binding acceptance of such amendments. If you do not agree to the revised Terms, you must discontinue use of the Service.

12.2 Modifications to Service

The Company reserves the right, in its sole discretion and without liability to you, to modify, enhance, replace, discontinue, or remove any feature, functionality, or component of the Service at any time.

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service 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 giving effect to any choice-of-law or conflict-of-law rules.

13.2 Jurisdiction

Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, for the resolution of any dispute arising out of or relating to these Terms or the Service, and waives any objection to the laying of venue in such courts.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous negotiations, representations, warranties, agreements, and understandings relating to the subject matter hereof.

14.2 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof.

14.4 Assignment

You may not assign, delegate, or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section shall be null and void.

14.5 Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemic, governmental action, war, terrorism, civil unrest, labour disputes, or failures of third-party infrastructure.

14.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and the Company.

14.7 Language

These Terms are drafted in the English language, which shall be the authoritative and governing version. Any translation of these Terms is provided for convenience only and shall have no legal effect.

15. Contact Information

If you have any questions, concerns, or notices regarding these Terms of Service, please get in touch.