By accessing or using Monaro (the"Service"), you agree to be bound by these Terms of Service("Terms"). If you do not agree, you must not use the Service. TheseTerms constitute a legally binding agreement between you and Torinit TechnologiesInc. ("we", "us", or "our").
Monaro is a software-as-a-service platformthat provides AI-assisted takeoff and estimation tools for the HVAC andplumbing industry. The Service is provided on an "as is" and "asavailable" basis.
You must register for an account to use theService. You are responsible for:
• maintaining the confidentiality of your accountcredentials
• all activity that occurs under your account
• ensuring that your account information is accurate andup to date
You must notify us immediately atlegal@monaro.ai if you become aware of any unauthorised use of your account.
You agree not to:
• use the Service for any unlawful purpose or inviolation of any applicable law or regulation
• attempt to gain unauthorised access to any part of theService or its related systems
• interfere with or disrupt the integrity or performanceof the Service
• reverse engineer, decompile, or otherwise attempt toextract the source code of the Service
• use the Service to transmit any malware, spam, or otherharmful content
• sublicense, resell, or otherwise commercialise theService without our prior written consent
All intellectual property rights in theService, including software, algorithms, designs, and content, are owned by orlicensed to Torinit Technologies Inc. These Terms do not grant you anyownership rights. You retain ownership of any data or content you upload to theService ("Your Content").
You grant us a limited, non-exclusivelicence to process Your Content solely to provide the Service to you.
Access to the Service requires a paidsubscription. Fees are set out on our pricing page and may be updated from timeto time. Subscriptions are billed in advance on a monthly or annual basis. Allfees are non-refundable except as required by law or expressly statedotherwise.
We reserve the right to suspend orterminate your access if payment is not received within 14 days of the duedate.
THE SERVICE IS PROVIDED "AS IS"AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLESTEXTENT PERMITTED BY LAW, NIRVAN CONSULTING PTY LTD EXPRESSLY DISCLAIMS ALLWARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUTLIMITATION:
• any implied warranty of merchantability, fitness for aparticular purpose, or non-infringement
• that the Service will be uninterrupted, error-free, orfree of harmful components
• that any output, estimate, calculation, or takeoffproduced by the Service will be accurate, complete, or fit for any particularpurpose
• that any defects or errors will be corrected
You acknowledge that outputs from theService, including AI-generated estimates and takeoffs, are tools to assistyour professional judgement and must not be relied upon as a substitute forindependent professional verification. We make no representation that outputswill meet any regulatory, contractual, or industry standard.
TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, IN NO EVENT WILL TORINIT TECHNOLOGIES PTY LTD, ITS DIRECTORS,OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:
• any indirect, incidental, special, consequential, orpunitive damages
• any loss of profit, revenue, data, goodwill, orbusiness opportunity
• any damages arising from errors, inaccuracies, oromissions in the Service's outputs, estimates, or calculations
• any damages arising from your reliance on Serviceoutputs without independent verification
• any damages arising from unauthorised access to oralteration of your data
THIS LIMITATION APPLIES REGARDLESS OF THELEGAL THEORY ON WHICH THE CLAIM IS BASED (INCLUDING CONTRACT, TORT, NEGLIGENCE,STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGE.
WHERE LIABILITY CANNOT BE EXCLUDED BYAPPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUTOF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEESPAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) CAD$100.
You agree to indemnify, defend, and holdharmless Torinit Technologies Inc., its officers, directors, employees, andagents from and against any claims, liabilities, damages, losses, and expenses(including reasonable legal fees) arising out of or in any way connected with:(a) your access to or use of the Service; (b) your breach of these Terms; (c)your violation of any third-party rights; or (d) any claim that Your Contentcaused damage to a third party.
Either party may terminate these Terms atany time. We may suspend or terminate your access immediately if you breachthese Terms or if we are required to do so by law. Upon termination, your rightto use the Service ceases immediately. Sections 5, 7, 8, 9, and 12 survivetermination.
We reserve the right to modify ordiscontinue the Service at any time with reasonable notice. We may update theseTerms from time to time. Material changes will be notified by email or in-appnotification. Your continued use of the Service after changes become effectiveconstitutes your acceptance of the updated Terms.
These Terms are governed by the laws of theProvince of Ontario and the federal laws of Canada applicable therein. Youagree to submit to the exclusive jurisdiction of the courts of Ontario for anydispute arising out of or relating to these Terms or the Service, unlessotherwise required by applicable law.
Before initiating any formal proceedings,you agree to contact us at legal@monaro.ai and make good faith efforts toresolve the dispute informally within 30 days.
If any provision of these Terms is heldunenforceable, it will be modified to the minimum extent necessary to make itenforceable, and the remaining provisions will continue in full force. Ourfailure to enforce any right or provision does not constitute a waiver. TheseTerms, together with our Privacy Policy, constitute the entire agreementbetween you and us regarding the Service.
For questions about these Terms, pleasecontact us at legal@monaro.ai.