These Terms of Service (the “Terms”) govern your access to and use of the Superdraft platform, services, websites, and applications (collectively, the “Services”) provided by Superdraft Technologies Inc. (“Superdraft”, “we”, “us”, or “our”). By accessing or using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you agree to these Terms for that organization and represent that you have authority to bind that organization to these Terms.
1. Eligibility
You may use the Services only if you are at least 18 years old and competent to form a binding contract with Superdraft. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to bind that entity to these Terms and that the entity accepts these Terms.
2. Account Registration and Security
To access certain features you must create an account. You agree to provide accurate, current, and complete information and update it as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use or security breach.
3. Use of the Services
Subject to these Terms, Superdraft grants you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes. You agree not to:
- Copy, modify, or create derivative works of the Services;
- Reverse engineer, decompile, or attempt to extract source code;
- Use the Services to compete with Superdraft or build a similar product;
- Interfere with or disrupt the integrity or performance of the Services;
- Upload malicious code or violate applicable law.
4. Customer Data
“Customer Data” means any content, data, or information you or your users submit to the Services. You retain ownership of Customer Data. You grant Superdraft a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Customer Data solely as necessary to provide and improve the Services. You represent that you have obtained all rights necessary to submit Customer Data and that your Customer Data does not infringe the rights of any third party or violate law.
5. AI and Training Data
Superdraft uses machine learning systems to deliver the Services. We may use aggregated and anonymized usage metrics and derived learnings to improve our models, provided that we do not disclose Customer Data to other customers or third parties, except as permitted in our Privacy Policy or required by law.
6. Fees and Payment
If you purchase paid Services, you agree to pay the fees specified in your order form or plan description. Fees are billed in advance and are non-refundable except as required by law. You authorize us to charge your payment method on file for applicable fees, taxes, and renewal charges. We may suspend or terminate the Services if fees are overdue.
7. Confidentiality
Each party may access confidential information (“Confidential Information”) of the other party. Confidential Information includes any non-public information designated as confidential or reasonably understood to be confidential given the nature of the information. Each party agrees to use the other party’s Confidential Information only to fulfill its obligations under these Terms and to protect Confidential Information with the same care it uses to protect its own confidential information, but in no event less than reasonable care.
8. Security and Compliance
Superdraft implements administrative, physical, and technical safeguards designed to protect Customer Data. We maintain SOC 2 Type II controls and support compliance with applicable privacy regulations such as GDPR. For additional detail, see our Privacy Policy and security documentation.
9. Third-Party Services
The Services may integrate with third-party services. Your use of such services is governed by their respective terms, and Superdraft is not responsible for third-party services. We may provide integrations as a convenience and does not endorse or guarantee the functionality of third-party offerings.
10. Feedback
If you submit feedback or suggestions, you grant Superdraft a royalty-free, worldwide, transferable license to use, copy, modify, and create derivative works based on such feedback without restriction or compensation.
11. Intellectual Property
Superdraft retains all rights, title, and interest in and to the Services, including all related intellectual property rights. Except for the limited rights expressly granted in these Terms, no other rights are granted to you.
12. Term and Termination
These Terms remain in effect until terminated. Either party may terminate for cause if the other party materially breaches these Terms and does not cure within thirty (30) days after receiving written notice. We may suspend or terminate access immediately if your use poses a security risk, violates law, or harms our infrastructure. Upon termination, you must cease using the Services. Sections intended to survive termination shall do so.
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SUPERDRAFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERDRAFT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION. SUPERDRAFT’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
15. Indemnification
You agree to indemnify and hold harmless Superdraft, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, Customer Data, or violation of these Terms.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada without regard to conflict of law principles. Any dispute will be resolved in the courts located in Toronto, Ontario, and each party consents to the jurisdiction of such courts.
17. Changes to the Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website or through the Services. Continued use after the effective date constitutes acceptance of the revised Terms.
18. Contact
If you have questions about these Terms, contact us at legal@superdraft.ai or Superdraft Technologies Inc., Toronto, Ontario.