Terms of Use

These Terms of Use ("Terms") govern your access to and use of the ELEMONT website at elemont.ca, related marketing pages, and any linked services, applications, or content provided by ELEMONT (collectively, the "Services"). By accessing or using the Services, you agree to these Terms.

If you do not agree, do not use the Services. If you are using the Services on behalf of a company, you represent that you have authority to bind that company.

1. About ELEMONT

ELEMONT provides software and professional services related to Scientific Research and Experimental Development (SR&ED) claims, AI consultation, and related advisory services for Canadian businesses. Website content is general information and does not by itself create a client relationship.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract
• You are responsible for maintaining the confidentiality of your account credentials
• You must provide accurate registration and contact information
• You are responsible for activity under your account, including actions taken by authorized team members

3. Permitted use

You may use the Services only for lawful business purposes. You agree not to:

• Violate applicable laws or professional obligations
• Attempt to gain unauthorized access to systems, accounts, or data
• Interfere with the security, integrity, or availability of the Services
• Upload malware, scrape the Services without permission, or abuse APIs or forms
• Misrepresent your identity, affiliation, or authority
• Use the Services to send spam or unlawful solicitations

4. No professional advice on the website alone

Unless you have entered into a separate written engagement with ELEMONT, website content, calculators, estimates, templates, blog posts, and software outputs are provided for general information only. They do not constitute legal, accounting, or investment advice. Eligibility, refund amounts, and Canada Revenue Agency acceptance are not guaranteed.

A professional services relationship is created only through a signed or accepted engagement letter, statement of work, subscription terms, or other written agreement between you and ELEMONT.

5. Subscriptions, fees, and billing

Paid platform features are subject to the pricing, billing interval, and plan terms presented at purchase. Fees may be billed in advance and are non-refundable except where required by law or expressly stated in your order. You authorize us and our payment processor to charge applicable GST/HST and recurring fees using your selected payment method.

6. Client content and license

You retain ownership of information, documents, and data you submit to the Services ("Client Content"). You grant ELEMONT a limited license to host, process, transmit, and display Client Content solely to provide and improve the Services, deliver requested reviews, and comply with law.

You represent that you have the rights necessary to provide Client Content and that its use through the Services does not infringe third-party rights.

7. Intellectual property

ELEMONT and its licensors own the Services, including software, branding, designs, documentation, and website content, excluding Client Content. No rights are granted except as expressly stated in these Terms or a separate agreement.

8. Confidentiality

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect such information and use it only for the purpose for which it was provided, subject to professional and legal disclosure requirements.

9. Third-party services

The Services may integrate with or link to third-party services such as payment processors, analytics providers, scheduling tools, or government resources. Third-party services are governed by their own terms and privacy policies. ELEMONT is not responsible for third-party services outside our reasonable control.

10. Privacy and cookies

Our collection and use of personal information is described in our Privacy Policy and Cookie Policy. By using the Services, you acknowledge those policies.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. ELEMONT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEMONT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.

ELEMONT'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ELEMONT FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) CAD $100, EXCEPT WHERE LIABILITY CANNOT BE LIMITED BY APPLICABLE LAW.

13. Indemnity

You will defend, indemnify, and hold harmless ELEMONT and its personnel from claims, damages, losses, and expenses arising out of your misuse of the Services, your Client Content, or your violation of these Terms or applicable law.

14. Suspension and termination

We may suspend or terminate access to the Services if you violate these Terms, create risk or legal exposure, or fail to pay applicable fees. You may stop using the Services at any time. Sections that by their nature should survive termination will survive.

15. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The courts located in Ontario will have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.

16. Changes

We may modify these Terms by posting an updated version on this page. Continued use of the Services after the effective date of changes constitutes acceptance of the revised Terms.

17. Contact

Questions about these Terms may be sent to legal@elemont.ca or via our contact page.