Terms of Service

1. Acceptance of Terms

By accessing or using the website located at https://www.apexq.buzz and any related services provided by AQS Avance Quality Solutions Inc, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions contained herein, you must discontinue use of the website and services immediately.

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and AQS Avance Quality Solutions Inc, a corporation organized under the laws of Canada with its principal place of business at 7499 Middle Line, Charing Cross, ON N0P 1G0, Canada. The terms Company, we, us, and our refer to AQS Avance Quality Solutions Inc.

2. Description of Services

AQS Avance Quality Solutions Inc provides computer systems design, systems integration, IT consulting, infrastructure engineering, cloud migration, managed operations, cybersecurity advisory, and custom software development services, collectively referred to as the Services. The scope, deliverables, timeline, and fees for each engagement are defined in a separate written agreement, statement of work, or service proposal executed by both parties.

We reserve the right to modify, suspend, or discontinue any aspect of the Services, including the website, at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

3. User Obligations and Conduct

As a user of our website and Services, you agree to the following obligations:

• You will provide accurate, current, and complete information when submitting inquiries, contact forms, or engaging our Services.
• You will not use the website or Services for any unlawful purpose or in violation of any applicable local, provincial, national, or international law.
• You will not attempt to gain unauthorized access to our systems, networks, or servers through hacking, password mining, or any other illegitimate means.
• You will not interfere with or disrupt the integrity or performance of the website, including by transmitting viruses, malware, or any other harmful code.
• You will not engage in any automated use of the website, including using scripts to send comments, messages, or extract data without our express written permission.
• You will not use the website to harass, abuse, or harm another person or entity, or to promote any illegal activity.

We reserve the right to terminate or restrict your access to the website and Services for any violation of these terms, without prior notice or liability.

4. Intellectual Property Rights

All content, design elements, graphics, logos, text, code, and other materials displayed on the website, including but not limited to the AQS Avance Quality Solutions Inc name, logo, and branding, are the exclusive intellectual property of AQS Avance Quality Solutions Inc or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the website content for personal, non-commercial purposes. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website content without our express written consent.
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the website or its underlying code.
• Remove any copyright, trademark, or other proprietary notices from any content.
• Frame or mirror any part of the website on another server or website without authorization.

For custom software and systems developed as part of a client engagement, intellectual property ownership and licensing terms are governed by the specific provisions in the applicable service agreement.

5. Confidentiality

During the course of any engagement, both parties may have access to confidential information belonging to the other party. Confidential information includes all non-public information disclosed in any form that a reasonable person would understand to be confidential given the circumstances of disclosure, including but not limited to trade secrets, business plans, technical specifications, source code, client data, financial information, and proprietary methodologies.

Each party agrees to:

• Use confidential information solely for the purpose of performing obligations under the applicable service agreement.
• Protect confidential information using at least the same degree of care used to protect its own confidential information of similar nature, but in no event less than reasonable care.
• Limit access to confidential information to employees, contractors, and agents who have a legitimate need to know and who are bound by confidentiality obligations no less restrictive than those contained herein.

Confidentiality obligations shall survive termination of the service agreement for a period of three years, or indefinitely for trade secrets.

6. Limitation of Liability

To the fullest extent permitted by applicable law, AQS Avance Quality Solutions Inc, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, the website or Services.
• Any conduct or content of any third party on the website.
• Any content obtained from the website.
• Unauthorized access, use, or alteration of your transmissions or content.

Our total aggregate liability for any claims arising out of or relating to these Terms of Service or the Services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to AQS Avance Quality Solutions Inc for the specific service from which the claim arises during the twelve months preceding the event giving rise to the claim.

7. Disclaimer of Warranties

The website and all information, content, materials, and Services provided through it are provided on an as is and as available basis, without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, AQS Avance Quality Solutions Inc expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Any warranty that the website or Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.
• Any warranty that the results obtained from the use of the website or Services will be accurate, complete, or reliable.
• Any warranty that defects in the website or Services will be corrected.

You acknowledge and agree that your use of the website and Services is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless AQS Avance Quality Solutions Inc, its affiliates, and their respective directors, officers, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to:

• Your use of and access to the website and Services.
• Your violation of any term of these Terms of Service.
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right.
• Any claim that any content or data you provided caused damage to a third party.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.

9. Termination

We reserve the right to suspend or terminate your access to the website and Services, with or without cause, at any time and without prior notice or liability. Upon termination, your right to use the website and Services shall immediately cease.

Provisions of these Terms of Service that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. All payment obligations that accrued prior to termination shall remain in full force and effect.

10. Third-Party Services

Our website may contain links to third-party websites or services that are not owned or controlled by AQS Avance Quality Solutions Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that AQS Avance Quality Solutions Inc shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services. We strongly advise you to read the terms of service and privacy policies of any third-party sites that you visit.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. Any legal action, suit, or proceeding arising out of or relating to these Terms of Service shall be instituted exclusively in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or any transactions contemplated hereunder.

12. Dispute Resolution

Before initiating any formal legal proceedings, each party agrees to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms of Service through good-faith negotiations. The party raising a dispute shall provide written notice to the other party detailing the nature of the dispute and the desired resolution.

If the dispute is not resolved through direct negotiation within 30 calendar days of the written notice, either party may elect to submit the dispute to binding arbitration administered by the ADR Institute of Canada in accordance with its National Arbitration Rules. The arbitration shall be conducted in English, in Toronto, Ontario, by a single arbitrator mutually agreed upon by the parties. The arbitrators award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms of Service or any service agreement if such delay or failure arises from circumstances beyond the partys reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government orders, epidemics, pandemics, labor strikes, telecommunications failures, power outages, or internet service disruptions.

The party affected by a force majeure event shall promptly notify the other party in writing of the nature and expected duration of the event, and shall use reasonable efforts to mitigate its effects and resume performance as soon as practicable. If the force majeure event persists for more than 30 days, either party may terminate the affected service agreement upon written notice.

14. Severability and Waiver

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

The failure of AQS Avance Quality Solutions Inc to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company to be effective. A waiver of any breach shall not constitute a waiver of any subsequent breach.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any service agreements, statements of work, or proposals executed between the parties, constitute the entire agreement between you and AQS Avance Quality Solutions Inc with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, negotiations, representations, and agreements, whether written or oral.

No modification, amendment, or waiver of any provision of these Terms of Service shall be effective unless in writing and signed by an authorized representative of AQS Avance Quality Solutions Inc. In the event of any conflict between these Terms of Service and a separately executed service agreement, the terms of the service agreement shall prevail.

16. Changes to These Terms

We reserve the right to update or modify these Terms of Service at any time at our sole discretion. When we make changes, we will revise the last updated date at the top of this page and post the updated terms on the website. Material changes will be communicated through a prominent notice on our website.

Your continued use of the website and Services after any such modifications constitutes your acceptance of the updated Terms of Service. If you do not agree to the modified terms, you must discontinue your use of the website and Services. We encourage you to review these Terms of Service periodically to stay informed of any updates.

17. Contact Information

For questions, concerns, or legal notices regarding these Terms of Service, please contact us using the information below:

• Email: assist@apexq.buzz
• Phone: +1 948 224 3686
• Mailing Address: AQS Avance Quality Solutions Inc, 7499 Middle Line, Charing Cross, ON N0P 1G0, Canada
• Website: https://www.apexq.buzz

All legal notices required or permitted to be given under these Terms of Service shall be in writing and delivered by certified mail, return receipt requested, or by a nationally recognized overnight courier service, to the address listed above.