Terms of Service

Last updated: October 4, 2026

These Terms of Service (the "Terms") govern access to and use of the Trinytics platform (the "Platform"). In these Terms:

• "Provider" means Trinity Consulting & Analytics Inc. and its subsidiaries (which is Trinytics Technologies Inc.), which operates the Platform;
• "Client", "you", or "your" means the organization accessing the Platform;
• "Agreement" means these Terms together with the separate service agreement between you and the Provider, which sets out the commercial specifics of your engagement (scope, fees, and any client-specific terms).

By accessing or using the Platform, you agree to be bound by these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

These Terms address two distinct categories of information: Client Data, which is your data and which the Provider processes on your instructions (Sections 3.1 to 3.7), and Platform Usage Data, which is the record of how your Authorized Users interact with the software and which the Provider collects on its own behalf (Section 3.8). The two are kept separate, and the rules that apply to each are different.

1. Services

1.1 The Platform

The Provider grants the Client access to the proprietary web application platform (the "Platform") for data analysis and consulting services as described in your service agreement. This includes, but is not limited to, secure data upload, automated analytics, report generation, and delivery of insights to assist the Client in understanding and utilizing its data. The Platform is hosted and maintained by the Provider, with the Client responsible for data input and compliance with upload protocols.

1.2 Authorized Users and Account Information

"Authorized Users" means the individuals the Client permits to access the Platform on its behalf. The Client shall provide accurate and complete information when Authorized User accounts are created and shall keep that information current.

Each account is for the use of a single named individual, and credentials shall not be shared. The Client shall keep credentials confidential, shall revoke access promptly when an Authorized User leaves or changes role, and shall notify the Provider without undue delay on becoming aware of any unauthorized access to or use of the Platform or of any Authorized User's credentials.

1.3 Acceptable Use

The licence granted under Section 7 is subject to the following restrictions. The Client shall not, and shall not permit any Authorized User or other person to:

(a) Copy, modify, translate, or create derivative works of the Platform; or reverse engineer, decompile, or disassemble it, or otherwise attempt to derive its source code, algorithms, or underlying methodologies, except to the extent this restriction cannot lawfully be excluded; (b) Use the Platform, its outputs, or any insight derived from it to design, develop, train, or market a product or service that competes with the Platform; (c) Access the Platform by automated means, or scrape, harvest, or bulk-extract data from it, other than through interfaces the Provider makes available for that purpose; (d) Circumvent or attempt to circumvent authentication, access controls, seat or licence limits, rate limits, or the separation between client organizations; (e) Resell, sublicense, rent, lease, or otherwise make the Platform available to any person who is not an Authorized User, or use it to provide services to a third party; (f) Introduce malicious code, or use the Platform in a manner that impairs its security, integrity, or availability for the Provider or for any other client; (g) Upload personal information that the Client is not permitted to disclose to the Provider under Applicable Privacy Law, or upload data unrelated to the purposes set out in the Client's service agreement; (h) Remove, obscure, or alter any proprietary notice appearing on the Platform or on any output generated by it.

Where the Provider reasonably believes conduct contrary to this Section is occurring and presents a risk to the Platform, to Client Data, or to another client, it may suspend the affected access on written notice. Suspension under this Section is not a termination and, where the conduct is attributable to the Client, does not relieve the Client of its payment obligations for the period of suspension.

2. Compensation and Payment Terms

The Client agrees to compensate the Provider for Platform access and services rendered under these Terms as per the fee schedule set forth in your service agreement. Payment shall be made by cheque, credit card via invoice-payment portal, or direct funds transfer (unless other arrangements are agreed upon in writing) and dated for the first day of each service month. Invoices shall be issued monthly, and payments are due within fifteen (15) days of the invoice date.

Payments not received within three (3) weeks of the due date may result in service suspension and interest charges at 1.5% per month (19.56% per annum), compounded monthly, until paid in full.

All fees are in Canadian dollars and are exclusive of applicable taxes (including GST and any other applicable sales taxes), which are the responsibility of the Client.

The Provider may change its fees on not less than thirty (30) days' written notice. A change takes effect at the start of the first billing period beginning after that notice period expires. Where fees are fixed for a term in your service agreement, that agreement prevails under Section 11.2 for the duration of the term.

3. Data Processing, Usage, and Ownership

3.1 Data Provided by Client

The Client shall provide the Provider with access to or uploads of the necessary data (collectively, "Client Data"), solely for the purposes of providing the Services via the Platform. The Provider acts as a service provider (processor) under applicable privacy law (in Alberta, the Personal Information Protection Act (Alberta) ("PIPA"); in British Columbia, PIPA-BC; otherwise, the Personal Information Protection and Electronic Documents Act ("PIPEDA")) (collectively, "Applicable Privacy Law") and shall process Client Data only as instructed by the Client and in accordance with these Terms.

The Services rely on the ongoing availability of the Client Data. The Client shall, acting reasonably and in good faith, continue to make the Client Data available to the Provider (whether by direct provision, by directing operators or systems to upload it, or by any other mutually agreeable method) in a format and on a cadence that enables the Provider to deliver the Services.

3.2 Ownership

All personal information within the Client Data (as defined under Applicable Privacy Law as information about an identifiable individual) remains the exclusive property of the Client and/or relevant operators. Title to anonymized or aggregated data derived by the Provider (where no individual is reasonably identifiable) shall vest in the Provider or its corporate affiliates upon creation, subject to Section 7 (Intellectual Property).

3.3 Processing Rights and Restrictions

The Provider is granted a limited, non-exclusive right to:

• Process Client Data solely for the purposes of providing the Services, including analysis, report generation, and insight delivery;
• Use Client Data to improve the Platform, develop new features, conduct internal research, train and improve the Provider's machine learning models and analytical algorithms, and assist the Client (and other clients, in aggregated/anonymized form) in data utilization — provided such use complies with Applicable Privacy Law's reasonableness requirements and does not disclose personal information without consent;
• Create copies of Client Data for backup, disaster recovery, and business continuity purposes, stored securely and retained only as necessary;
• Depersonalize (anonymize) copies of Client Data by removing or obfuscating all personally identifying features (e.g., names, identifiers, locations) to render it non-personal under Applicable Privacy Law. Such depersonalized data may be used by the Provider for research, product improvement, incorporation into corporate knowledge/IP, industry benchmarking, and general analytics, without further consent from the Client.

The Provider shall not sell, rent, or disclose raw Client Data (including personal information) to third parties, except as required by law, as necessary to engage sub-processors (per Section 3.4), or with the Client's prior written consent. All processing shall be limited to reasonable purposes under Applicable Privacy Law, with safeguards against unauthorized access.

3.4 Sub-Processing

The Provider uses the following sub-processors, each of which is pre-approved by the Client upon acceptance of these Terms:

All Client Data and all Platform Usage Data is stored and processed in Canada.

The Sentry sub-processor is configured to receive fault diagnostics only: the technical stack trace of a software error and the name of the function that raised it. It is not sent Client Data, patron records, account identifiers, network addresses, session cookies, or application logs. Where an error needs to be traced to the Authorized User who encountered it, that association is held in the Provider's Canadian systems and linked to the Sentry record by an opaque reference; the correspondence cannot be resolved from the Sentry record alone.

The Provider will disable this sub-processor on the Client's written request. Doing so removes the Provider's ability to diagnose the cause of software faults and will lengthen resolution times.

The Provider's wholly-owned subsidiary, Trinytics Technologies Inc., which owns, develops, and maintains the Platform, is bound by confidentiality and privacy-compliant terms no less protective than those in these Terms. The Provider may engage additional sub-processors for technical support or other non-essential functions only with the Client's prior written consent (not to be unreasonably withheld) and subject to equivalent privacy-compliant terms. The Provider shall provide the Client with an up-to-date list of sub-processors upon request and a copy of Digital Ocean's Data Processing Agreement (or equivalent) for review. The Provider is responsible for the acts and omissions of its sub-processors in performing the Services to the same extent as for its own acts and omissions, subject to the limitations of liability in Section 6.

3.5 Data Security and Breach Notification

The Provider commits to implementing and maintaining commercially reasonable administrative, technical, and physical safeguards to protect Client Data against loss, theft, unauthorized access, disclosure, copying, use, or modification, consistent with the reasonableness standard set by Applicable Privacy Law. The Provider's security program is designed to align with industry-recognized best practices appropriate to the Provider's scale, complexity, and the nature of the Client Data, and will evolve over time as the Provider's operations grow.

Current practices include:

• Encryption of Client Data in transit and, where supported by the underlying infrastructure, at rest;
• Authentication via federated identity providers (Microsoft Entra ID, Google) and email magic-link sign-in. Multi-factor authentication is enforced at the Client's identity provider where the Client has configured it (e.g., Microsoft Entra ID Conditional Access);
• Role-based access controls scoped to each Client organization;
• Ongoing monitoring of software dependencies and timely application of security updates;
• The Audit Record described in Section 3.9, which records each action taken within the Platform and supports investigation of unauthorized access;
• Confidentiality obligations binding all Provider personnel and contractors;
• Documented incident-response practices.

The Platform supports integration with the Client's internal authentication standards (e.g., Microsoft Entra ID, Fortinet), with the Client responsible for user provisioning and credential management, and the Provider responsible for enforcing secure access and session controls.

In the event of a privacy breach posing a real risk of significant harm, the Provider shall notify the Client without unreasonable delay and in any event within seventy-two (72) hours of confirming the breach, and shall notify the applicable privacy regulator as required by Applicable Privacy Law. The Parties shall cooperate in investigation and remediation, and the Provider shall provide a post-incident report documenting the incident and remediation steps.

3.6 Data Return and Deletion

For thirty (30) days following termination of these Terms (the "Export Period"), the Client may export its Client Data using the Platform's export functions or, on written request, by Provider-assisted export. On written request made during the Export Period, the Provider shall return Client Data to the Client within thirty (30) days of the request.

The Provider shall securely delete Client Data after the Export Period ends, and in any event within thirty (30) days of that date, subject to legal retention obligations. Where the Client requests deletion other than on termination, the Provider shall securely delete the identified Client Data within thirty (30) days of the request.

Anonymized or aggregated data retained under Section 3.3, the Audit Record retained under Section 3.9, Platform Usage Data retained under Section 3.8.5, and backup copies persisting in disaster-recovery systems for up to one (1) year are not subject to this return or deletion obligation.

3.7 Suspension or Adjustment for Non-Availability of Data

If, for reasons beyond the Provider's control, the Client Data ceases to be made available to the Provider, the Provider may, upon written notice, suspend the Services, or the Parties shall negotiate in good faith an equitable reduction in fees until the data is restored.

3.8 Platform Usage Data

3.8.1 What is collected

In operating the Platform, the Provider records how it is used. This information ("Platform Usage Data") comprises:

• The identity of the Authorized User taking an action (name, email address, and the organization they belong to);
• The action taken, expressed as the Platform function invoked, together with the time taken, whether it succeeded, and any error returned;
• Pages and screens viewed, expressed as route patterns rather than as the specific records viewed;
• Interactions with Platform controls, including filters, tabs, exports, and indicators of difficulty such as repeated or unresponsive clicks;
• Sign-in and sign-out events, including unsuccessful sign-in attempts;
• Technical context: session and device identifiers, a one-way cryptographic hash of the network address (never the address itself), browser and device family, and the software version in use.

Platform Usage Data is not Client Data. It is information about the Client's Authorized Users' interactions with the Provider's software, and the Provider determines the purposes for which it is collected. In respect of Platform Usage Data the Provider therefore acts on its own behalf and not as a service provider to the Client, and Sections 3.1 through 3.3 do not apply to it.

3.8.2 What is not collected

Platform Usage Data does not include, and the Provider's systems are designed to exclude, any personal information of the Client's patrons — including names, identifiers, contact details, dates of birth, addresses, gaming history, financial figures, or responsible-gambling status. Where an Authorized User views a patron record, the Provider records that a patron record was viewed; it does not record which patron, or anything about them. The Audit Record described in Section 3.9 is separate from Platform Usage Data.

Platform Usage Data does not include the contents of Client Data fields, keystrokes, screen recordings, or video of Platform sessions.

3.8.3 Purposes

The Provider may use Platform Usage Data only to:

(a) Operate, secure, troubleshoot, and improve the Platform, including diagnosing faults and identifying features that are difficult to use or not used at all; (b) Provide technical support, including reconstructing the sequence of actions preceding a reported problem; (c) Maintain security and audit records, including detecting unauthorized access and investigating suspected misuse; (d) Verify licence and seat utilization for billing purposes; (e) Produce aggregated statistics in which no individual and no Client organization is identifiable.

3.8.4 Restrictions

The Provider shall not:

(a) Disclose an individual Authorized User's Platform Usage Data to the Client, or to any other person, for the purpose of evaluating, managing, or disciplining that individual's job performance. Platform Usage Data is collected to improve the software, not to supervise the Client's personnel, and the Provider will not make it available for that purpose. This restriction does not prevent the Provider from disclosing Platform Usage Data to the Client where the Client requires it to investigate a specific security incident, suspected unauthorized access, or suspected misuse of the Platform, or where disclosure is required by law; (b) Sell, rent, or licence Platform Usage Data to any third party; (c) Use Platform Usage Data to make automated decisions producing legal or similarly significant effects concerning an individual; (d) Combine Platform Usage Data with patron personal information.

3.8.5 Retention, location, and access

Platform Usage Data at the level of individual actions is retained for thirteen (13) months and then deleted. Aggregated statistics derived from it, in which no individual is identifiable, may be retained indefinitely. Security and audit records are retained for seven (7) years, consistent with the Provider's regulatory record-keeping obligations.

Platform Usage Data is stored in Canada and is accessible only to Provider personnel holding administrative credentials. Access to it is itself recorded.

3.8.6 Individual access and correction

An Authorized User may request access to, or correction of, the Platform Usage Data the Provider holds about them by contacting the Provider. The Provider will respond within the period required by Applicable Privacy Law. The Provider may decline a deletion request in respect of security and audit records where retention is required for the Provider's own legal or regulatory purposes.

3.9 Audit Record

The Platform maintains a record of each action an Authorized User takes within the Client's organization and of each Client Data record the Authorized User accesses, creates, changes, exports or deletes, together with the time, the outcome and the technical context described in Section 3.8.1 (the "Audit Record"). The Audit Record is Client Data. The Provider maintains it for the Client as part of the Services, makes it available to the Client's owners within the Platform, and processes it on the Client's instructions under Sections 3.1 to 3.7, except that: (a) each entry is retained for seven (7) years from its creation, including after termination, and Section 3.6 does not require its return or deletion during that period; (b) the Provider may read the Audit Record for the purposes in Section 3.8.3(a) to (c) and to meet its own legal and regulatory obligations; and (c) entries recording the Provider's own personnel acting within the Client's organization are also retained by the Provider as its own security records. The Audit Record is distinct from Platform Usage Data, and Sections 3.8.2 and 3.8.4(d) do not apply to it. The Client is responsible for informing its Authorized Users that their actions within the Platform are recorded in the Audit Record, and for any use the Client makes of the Audit Record in respect of its own personnel.

4. Confidentiality

Each Party agrees to maintain the confidentiality of the other's confidential information, including Client Data. The Provider shall not disclose Client Data to third parties without the Client's prior written consent, except as necessary to provide the Services, to engage sub-processors (per Section 3.4), or as required by law. The Client agrees that the Provider's methodologies, Platform algorithms, insights derived from aggregated/anonymized data, and proprietary practices are confidential and shall not be shared with third parties without the Provider's written consent.

This Section survives termination.

5. Service Availability and Support

5.1 Availability

The Provider targets 98% uptime for core Platform functionality (excluding scheduled maintenance and force majeure events). Scheduled maintenance windows will be communicated in advance when reasonably practicable. Emergency maintenance may be performed without advance notice when necessary for security or stability.

5.2 Technical Support

The Provider provides reasonable technical support during business hours (9:00 AM – 5:00 PM Pacific Time, Monday through Friday, excluding statutory holidays). Response times for support requests vary based on severity and the support tier set out in your service agreement.

6. Liability and Indemnification

6.1 Liability Cap

Subject to Section 6.2, the Provider's total aggregate liability under this Agreement shall not exceed the total amount paid to the Provider by the Client in the twelve (12) months preceding the event giving rise to the claim.

6.2 Carve-Outs from the Liability Cap

The cap in Section 6.1 does not apply to:

(a) A Party's breach of Section 4 (Confidentiality); (b) The Provider's indemnification obligation for intellectual property infringement under Section 6.8; (c) Fraud, willful misconduct, or gross negligence by either Party; or (d) The Client's payment obligations under this Agreement; or (e) The Client's indemnification obligations under Section 6.7, which are not subject to any limitation of liability under this Agreement.

6.3 Excluded Damages

To the maximum extent permitted by law, neither Party shall be liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, business interruption, or loss of business opportunities, except where arising from a breach of Section 4 (Confidentiality), from a Party's indemnification obligations under Sections 6.7 and 6.8, or from fraud or willful misconduct.

6.4 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND THE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.5 Risks Outside the Provider's Control

The Provider's responsibility for the sub-processors it engages is set out in Section 3.4. This Section concerns matters that are not within the Provider's control.

The Provider shall not be liable for any damages, including loss of data or profits, arising from:

(a) Failures of public internet, telecommunications, or electrical infrastructure; (b) Systems, networks, devices, or third-party services procured, operated, or selected by the Client, including the Client's own email, file transfer, storage, and identity providers; (c) Client Data in transit between the Client's systems and the Platform, other than while that data is under the Provider's control; or (d) Events described in Section 9 (Force Majeure).

The Provider will make reasonable efforts to ensure secure data handling within the Platform, and the Client acknowledges that risks inherent in transmission across systems the Client controls or selects lie outside the Provider's control.

6.6 Client Responsibility for Use of the Platform

The Platform supports the Client's decision-making but does not replace it. The Client is solely responsible for:

(a) The decisions it makes, and the actions it takes, based on Platform outputs, insights, reports, recommendations, or any other information generated by or through the Platform; (b) The accuracy and completeness of Client-entered data and the consequences of any errors or omissions in such data; (c) The conduct of its Authorized Users, employees, contractors, and agents in accessing and using the Platform, including their compliance with the Client's internal policies, applicable law, and this Agreement; (d) Provisioning, managing, and revoking access credentials for its Authorized Users, and securing such credentials against unauthorized access or use; (e) Compliance with all gaming, employment, privacy, anti-money-laundering, and other laws and regulations applicable to the Client's operations; (f) Informing its Authorized Users, before they are given access to the Platform, that the Provider records Platform Usage Data as described in Section 3.8, and for what purposes, and that their actions within the Platform are recorded in the Audit Record described in Section 3.9. The Client represents that it has authority to accept these Terms on behalf of the organization and that it has given, or will give, its Authorized Users that notice. The Provider has no employment or contractual relationship with the Client's personnel and is not in a position to give that notice itself; the Client is.

The Provider does not warrant that Platform outputs are fit for any particular decision or operational purpose, and the Provider has no responsibility for downstream actions, decisions, or consequences resulting from the Client's (or its personnel's) use of Platform outputs.

6.7 Indemnification by the Client

The Client shall indemnify, defend, and hold harmless the Provider, its corporate affiliates, and their respective directors, officers, employees, contractors, and agents (the "Provider Indemnitees") from and against (i) any third-party claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees), and (ii) any costs and losses the Provider reasonably incurs in investigating, containing, or remediating the matters set out below, in each case arising out of or relating to:

(a) The Client's breach of this Agreement, including any breach by the Client's Authorized Users, employees, contractors, or agents; (b) Any act or omission of the Client's Authorized Users, employees, contractors, or agents in connection with the Platform or Client Data, whether authorized or unauthorized — including unauthorized access to or use of access credentials, misuse of the Platform, unauthorized disclosure of Client Data or Platform outputs, or alteration of data; (c) The Client's collection, use, disclosure, or retention of Client Data, including any failure to obtain consents required under Applicable Privacy Law; (d) The Client's failure to give its Authorized Users the notice described in Section 6.6(f), including any claim brought by an Authorized User arising from that failure; (e) Decisions made by, or actions taken by, the Client (or any of its personnel) based on Platform outputs; (f) The Client's failure to comply with gaming, employment, privacy, anti-money-laundering, or other laws and regulations applicable to its operations.

6.8 Indemnification by the Provider

The Provider shall indemnify, defend, and hold harmless the Client and its directors, officers, employees, and agents from and against third-party claims that the Platform, as provided by the Provider, infringes the intellectual property rights of a third party, subject to: (a) prompt written notice; (b) the Provider's exclusive control over defence and settlement; (c) the Client's reasonable cooperation; and (d) the Provider's right to modify, replace, procure rights for, or terminate the infringing component of the Platform.

This indemnification does not apply to claims arising from (i) the Client's modification of the Platform, (ii) the Client's use of the Platform outside the scope of this Agreement, or (iii) combinations of the Platform with non-Provider materials.

6.9 Indemnification Procedure

The indemnified Party shall give prompt written notice of any claim, permit the indemnifying Party to control the defence and settlement (provided that no settlement adversely affecting the indemnified Party may be made without that Party's prior written consent, not to be unreasonably withheld), and provide reasonable cooperation at the indemnifying Party's expense.

7. Intellectual Property

The Platform, including all software, methodologies, algorithms, and tools, is the exclusive intellectual property of the Provider or its corporate affiliates. The Provider represents and warrants that it has the rights necessary to grant the license set out in this Agreement, including any rights obtained from such affiliates. Any insights, reports, dashboards, or anonymized data derived by or through the Platform (per Section 3.3) are owned by the Provider or its corporate affiliates as their corporate knowledge and IP. The Client is granted a non-exclusive, non-transferable, revocable license to use the Platform, reports, and insights solely for its internal business purposes during the term of this Agreement. The Client retains all rights to its input data and raw outputs, subject to the Provider's processing rights under Section 3.

8. Termination

Either Party may terminate this Agreement by providing at least thirty-one (31) days' written notice prior to the intended termination date. The Provider may terminate this Agreement immediately upon written notice in the event of (a) the Client's material breach that remains uncured for fifteen (15) days following written notice, (b) non-payment after fifteen (15) days' written notice, or (c) the Client's violation of applicable law in connection with the Services.

Upon termination, the Provider shall disable Client access to the Platform, except that the Provider shall make Client Data available for export throughout the Export Period under Section 3.6, whether by continued limited access or by Provider-assisted export.

Payment obligations for services rendered up to the effective date of termination shall survive. Sections 3, 4, 6, 7, 9, 10, 11, and 12 shall survive termination, as shall Section 1.3 in respect of conduct occurring before termination.

9. Force Majeure

Neither Party shall be liable for any delay or failure in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, cyber attacks, infrastructure failures, or legal restrictions. The affected Party shall give prompt notice to the other Party and use reasonable efforts to minimize the impact.

10. Governing Law and Dispute Resolution

10.1 Governing Law

Except where your service agreement specifies otherwise, this Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict-of-laws provisions, and including compliance with Applicable Privacy Law.

10.2 Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall first be addressed through good-faith negotiation between the Parties. If negotiations fail to resolve the dispute within thirty (30) days, the Parties agree to submit the dispute to binding arbitration under the applicable provincial arbitration legislation, conducted in English in Vancouver, British Columbia, except where your service agreement specifies a different location.

10.3 Class-Action Waiver

The Parties waive any right to participate in class actions or class-wide arbitration. All disputes must be resolved on an individual basis.

11. General Provisions

11.1 Entire Agreement

This Agreement, together with your service agreement, constitutes the entire understanding between the Parties regarding the Services and supersedes all prior discussions, agreements, or understandings, whether written or oral. Any modifications must be made in writing.

11.2 Order of Precedence

In the event of conflict between these Terms and your service agreement, your service agreement shall prevail with respect to the specific matters it addresses.

11.3 Assignment

The Client may not assign this Agreement without the Provider's prior written consent. The Provider may assign this Agreement to an affiliate, successor, or in connection with a sale of substantially all of its business. Assignment does not affect the Client's rights to Client Data or to analytical outputs licensed under this Agreement.

11.4 Severability and Waiver

If any provision of this Agreement is found unenforceable, the remainder shall continue in full effect. Failure to enforce any provision is not a waiver of future enforcement. All waivers must be in writing and signed by an authorized representative of the waiving Party.

11.5 Independent Contractors

The Parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship. Neither Party has authority to bind the other except as expressly provided.

12. Notices

Notices under this Agreement shall be in writing and may be given by email to the address each Party has designated for that purpose, or by courier or registered mail to the Party's registered office. Unless the Client designates another address in writing, the Client's address for notice is the administrative contact recorded in the Platform.

A notice given by email is deemed received on the next business day after it is sent, provided the sender does not receive an automated delivery-failure notification. A notice given by courier is deemed received on delivery. A notice given by registered mail is deemed received on the fifth business day after mailing.

A notice of termination under Section 8, and a notice of material breach requiring cure, shall in addition be either acknowledged in writing by the receiving Party or given by a second method permitted under this Section. Such a notice is not effective until that additional step is completed.

In this Section, "business day" means a day other than a Saturday, Sunday, or statutory holiday in the Province of British Columbia.

Contact

For questions about these Terms, contact us at [email protected].

The Trinytics platform is provided by Trinity Consulting & Analytics Inc. and its subsidiaries (which is Trinytics Technologies Inc.), 255 W 1st Street, North Vancouver, BC.