Terms of Service

1. Introduction

Welcome to CyVeR. These Terms constitute a legally binding agreement between you and CyberVerge. References to CyVeR or the Service include the CyVeR website, web application, mobile applications, APIs, integrations, documentation, and related services we provide through you as a subscribing customer ("Customer").

• "CyVeR", "we", "us", and "our" refer to CyberVerge operating the Service unless the context distinguishes the product versus the vendor.
• "You", "your", "Customer" refer to the business subscribing to CyVeR and its authorized users (including admins, dispatchers, drivers invited to join the Customer account, etc.).

Continued use of the Service after we post revisions constitutes acceptance of the updated Terms, subject to §19.

2. Eligibility & account registration

You must be at least 18 years old and registering on behalf of a business or other lawful entity authorized to haul freight.

• You warrant that signup information you provide is accurate and kept current.
• Credentials (passwords, API keys where applicable, device sessions) remain your responsibility; do not share them.
• You must promptly notify CyVeR at info@cyver.ca if you suspect unauthorized account access.

3. Service description

CyVeR is a multi-tenant transportation management system aimed at trucking and logistics operations in Canada. It may include functionality such as order management, dispatch and trip workflows, fleet and compliance tooling, driver mobile applications, invoicing and finance features, integrations, reporting, messaging, GPS-related visibility features, audit logging, and multi-tenant security controls—in each case according to plan and tenant settings.

We may update, augment, relocate, deprecate, or discontinue features provided we give commercially reasonable advance notice when the change materially affects your use—except urgent security or legal changes. Beta or experimental features may be offered under additional terms communicated in-product.

4. Subscription plans & billing

Paid plans presently include Starter, Pro, and Enterprise offerings; current CAD pricing and quotas are summarized on /pricing. All fees are billed in CAD unless stated otherwise.

• You may subscribe monthly or annually; annual prepaid plans commonly include a savings versus comparable monthly totals.
• Payments are processed by Stripe. Stripe's terms and privacy notice apply separately.
• If a recurring charge fails, we may suspend or limit access until payment succeeds, ordinarily after reasonable notice following a grace period that may be up to seven (7) days from failure.
• Customers may qualify for a 14-day free trial without a payment card required to begin trial access in programs we offer via our marketing site or onboarding flow; Stripe only applies once you authorize paid billing.

5. Plan limits & overage

Each tier includes quotas (for example trucks, trailers, authorized users, document storage envelopes, outbound message volume, integrations, or concurrency). Exceeding a limit generally requires upgrading a plan rather than accruing undocumented overage penalties.

We strive to notify you before you materially exceed published limits ("soft enforcement"): you may encounter in-app reminders or onboarding holds rather than sudden loss of lawful access to retained data—but we reserve the ability to throttle or temporarily block net-new resource creation pending upgrade or cleanup.

6. Cancellation & refunds

You may cancel your subscription anytime from billing settings inside your tenant.

• Monthly plans: access continues through the end of the current prepaid billing period.
• Annual plans: within the first 30 days of an annual prepaid term you may cancel and request a pro-rated refund of unused months; thereafter we do not refund partial annual terms except where required by law.
• No refunds for partial months on monthly billing after service has been rendered for that month.
• After cancellation, archival and purge remain governed by the Privacy Policy retention schedule plus the export window described in §7.

7. Customer data & ownership

Subject to licences below, Customer retains intellectual-property and ownership interests in datasets you upload — manifests, PODs, customer records, invoicing artefacts, chats, integrations payload, telemetry as configured, etc..

• Except as stated in our Privacy Policy (subprocessors who help us run CyVeR, lawful requirements, integrations you enable), we do not sell or rent identifiable Customer datasets to unrelated third parties.
• We process hosted data strictly to operate, secure, troubleshoot, analyse aggregate trends, invoices, integrations, lawful compliance, audits, backups, continuity, migrations, lawful disclosure, and contractual performance.
• You grant CyberVerge a worldwide, royalty-free licence to host, copy, encrypt, derive metrics (non-identifying where feasible), transmit, integrate, back up, analyse for security anomalies, migrate, troubleshoot, anonymize after retention windows, disclose if legally commanded, sublicense to infrastructure subprocessors documented in Privacy Policy—all solely within purpose of furnishing the CyVeR service.
• For thirty (30) days after expiry you may initiate full exports from in-product controls absent suspension for abuse; afterward routine deletion aligns with Privacy Policy notwithstanding legal-record holds.

8. Acceptable use

You agree not to use CyVeR in a way that:

• Violates any applicable law or regulation;
• Attempts to reverse-engineer our software (except where such restriction is unenforceable), probe for vulnerabilities without coordination, circumvent security controls, interfere with service integrity, or degrade other tenants' use;
• Automates access or places excessive load on APIs beyond documented rate limits or fair use;
• Uploads malware, infringing material you do not have rights to use, or other harmful content;
• Misappropriates confidential data belonging to third parties accessed through CyVeR without authorization.

We may suspend or terminate accounts for breaches of this section consistent with §17.

9. Service level (SLA)

We commercially target aggregated monthly availability excluding scheduled maintenance approaching 99.5% uptime for subscribed production tenants—not every microservice all the time—but core dispatch / console paths we monitor centrally.

• Maintenance windows ordinarily announced forty-eight (48)+ hours beforehand except emergency patches.
• Status communication: planned public status page; in the interim, incident updates are communicated by email to tenant administrators.
• Enterprise master subscription agreements may replace or supplement uptime credits or incident management rules.

10. Intellectual property

• CyVeR software—including source not delivered to Customers, binaries, SaaS portals, integrations glue, dashboards, trainings, screenshots in marketing—is owned exclusively by CyberVerge or licensors reserving rights beyond these Terms grant.
• Except licences expressly conferred, Customers may not decompile binaries that are not OSS, redistribute documentation publicly, circumvent technical measures, forge marks, squat domains confusingly identical to CyberVerge or CyVeR.
• You grant CyberVerge perpetual worldwide royalty-free sublicensable rights to ingest voluntary feedback/comments for product improvement—including anonymizing & aggregating—with no confidentiality duty on aggregate learnings devoid of attributable trade secrets Customer labels confidential in writing contemporaneously.
• Your logos, marks, trucking names remain yours—we only display them pursuant your tenant branding configuration.

11. Third-party integrations

Modules may interoperate QuickBooks Online, Stripe, mapping providers including Google mapping tiles, Firebase or other push-notification transit, transactional email relays, OCR services, SSO providers—all subject to counterparties' contractual webs.

• We are not answerable financially for outages of third SaaS—but will coordinate commercially reasonable failover guidance.
• By activating an integration toggle you instruct CyVeR to relay tokens and payloads minimally necessary—you remain responsible configuring scopes and revocations there.

12. Privacy & data protection

Handling of personal information is detailed in our Privacy Policy incorporating PIPEDA-aligned practices. Operational privacy questions routed to privacy@cyver.ca.

13. Confidentiality

Confidential information exchanged in connection with the Service (pricing proposals, unpublished roadmaps labelled confidential, security reports, vulnerability proofs of concept, integrations designs) remains confidential unless it is public without breach or independently developed without use of the other party's information.

Obligations survive termination until information legitimately enters public domain without breach.

14. Warranties & disclaimers

EXCEPT WHERE PROHIBITED BY LAW, THE SERVICE AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE."

CyberVerge disclaims implied warranties of merchantability, fitness for particular hauling economics, uninterrupted availability, flawless maps, instantaneous QuickBooks synchronicity, regulatory approval for your unique operational matrix. You acknowledge dispatch remains your lawful responsibility—including CVOR, NSC, brokerage contracts, Dangerous Goods, labour standards.

15. Limitation of liability

TO MAXIMUM EXTENT PERMITTED UNDER BC LAW:

• Aggregate liability for all claims stemming from Terms or Service per rolling twelve-month window caps at sums you paid fees for CyVeR in that window (excluding pass-through Stripe chargebacks)—or CAD $250 if prepaid zero because pure trial.
• No party is liable for indirect, punitive, incidental, consequential, reliance, reputational damages, goodwill loss—even if foreseeable.

Some jurisdictions disallow certain caps—they may not apply to you—in which case remedies align closest lawful approximation.

16. Indemnification

You agree to defend and indemnify CyberVerge and its affiliates, directors, and contractors against third-party claims arising out of (a) Customer data or cargo you load into CyVeR, (b) your violation of these Terms or law, (c) disputes between you and your drivers, customers, or carriers, and (d) content you upload—in each case except to the extent finally adjudicated to have been caused by CyberVerge's gross negligence or wilful misconduct.

Subject to indemnity procedures and exclusions set out in negotiated enterprise agreements where applicable, CyberVerge will defend Customers against third-party claims that CyVeR, as furnished to you without unauthorised modification against our documentation, infringes the claimant's intellectual property rights in Canada, and will procure remedy by modification, substitution, licence, or—if commercially impractical—terminate affected portions with equitable fee credit.

17. Termination

• Either party may end the contractual relationship by providing at least thirty (30) days' written notice before the next renewal (subject to prepaid periods already invoiced).
• CyberVerge may suspend or terminate immediately or after a short cure period where there is breach of law, abusive use risking others, unresolved non-payment beyond any grace described in §4, falsified onboarding, material breach uncured within notice period we specify reasonably, or existential legal barrier.
• Post-termination: export pathways per §7; licences hereof cease except licences necessary to wind-down bookkeeping.

Unpaid accrued fees survive plus collection costs statutorily collectible.

18. Governing law & dispute resolution

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree to bring disputes exclusively in the courts located in Vancouver, British Columbia, subject to mandatory consumer-protection rules that cannot be waived in your jurisdiction.

• Parties escalate disputes through thirty (30)-day executive negotiation before commencing litigation excluding urgent injunctive relief.
• Where lawful, disputes proceed individually—you waive collective or class procedural vehicles against CyberVerge in commercial contexts—you may refuse class waivers incompatible with overriding provincial consumer-protection codes.

19. Changes to terms

We may revise these Terms periodically. Material tightening of usage rights or fee exposure requires at least thirty (30) days emailed notice—or prominent in-app banner—for paid tenants continuing terms; continued use thereafter signals assent excluding jurisdictions prohibiting tacit continuation.

Latest authoritative copy resides at /terms.

20. Contact

• Commercial enquiries: info@cyver.ca
• Privacy: privacy@cyver.ca
• Formal legal notices referencing these Terms: info@cyver.ca with Subject line precisely beginning Legal Notice.
• We aspire to substantive answers within one (1) business day Pacific Time—not a guarantee amid holidays or backlog.
• Postal acknowledgement address: CyberVerge / CyVeR — Vancouver, British Columbia, Canada