These Terms and Conditions (“Terms” or “Agreement”) are an agreement between Divigo Inc., operating as “Divigo” (“Divigo,” “we,” “us,” or “our”), and you (“User,” “you,” or “your”). This Agreement sets forth the general terms and conditions of your use of the divigo.ca website and any of its products or services (collectively, the “Website” or “Services”).

Accounts and Membership

You must be at least 18 years of age to use this Website. By using this Website and agreeing to this Agreement, you warrant and represent that you are at least 18 years of age.

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account.

You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may suspend, disable, or delete your account (or any part of it) if we determine that you have violated any provision of this Agreement, or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for these reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User Content

We do not own any data, information, or material (“Content”) that you submit on the Website in the course of using the Services. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of, or right to use, all submitted Content.

We may monitor and review Content on the Website submitted or created using our Services. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your account for commercial, marketing, or any similar purpose. However, you grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your account solely as required for the purpose of providing the Services to you.

Without limiting any of those representations or warranties, we have the right, though not the obligation, to refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends. If auto-renewal is enabled for the Services you have subscribed to, you will be charged automatically in accordance with the term you selected.

Sensitive and private data exchanged between the Website and its Users happens over an SSL-secured communication channel and is encrypted and protected with digital signatures. If, in our judgment, your purchase constitutes a high-risk transaction, we may require you to provide a copy of valid government-issued photo identification, and possibly a copy of a recent statement for the payment method used, to verify the purchase.

We reserve the right to change products and pricing at any time. We also reserve the right to refuse or cancel any order, and to limit quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, or the same billing address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address provided at the time the order was made.

You agree to pay all prices and fees due for Services at the time you order them. All prices and fees are non-refundable except as expressly noted in our Refund Policy, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.

Accepted payment methods include a valid credit card or PayPal. Your payment method on file must be kept valid if you have any active Services in your account. Where refunds are issued to your payment method, our issuance of a refund receipt confirms only that we have submitted your refund to the payment method charged at the time of the original sale. We have no control over when the refund will be applied to your available balance, as posting time frames are established by your payment provider or issuing bank and may range from a few business days to a full billing cycle, or longer.

To help ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option, which is treated as the default setting. Unless you disable automatic renewal, we will automatically renew the applicable Service when it comes up for renewal and will charge the payment method you have on file at our then-current rates, which may be higher or lower than the rates for the original service period. You may enable or disable automatic renewal at any time by logging into your account. If you disable automatic renewal and fail to manually renew your Services before they expire, you may experience an interruption, loss, or termination of Services, and we shall not be liable to you or any third party as a result.

If, in our judgment, we are unable to charge your payment method for the full amount owed, or if we receive notification of a chargeback, reversal, or payment dispute, you agree that we may pursue all available lawful remedies to obtain payment, including immediate cancellation of any Services provided to you. We also reserve the right to charge reasonable administrative or processing fees for tasks performed outside the normal scope of our Services, for additional time or costs we incur in providing the Services, or for your noncompliance with this Agreement.

Pricing may be displayed in various currencies; however, transactions are processed in Canadian or U.S. dollars unless otherwise stated. If a transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange-rate conversion fees by your bank, and conversion rates may fluctuate between checkout and posting. You may also be charged applicable taxes, such as GST/HST or VAT, based on your billing address.

Accuracy of Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or any related Service is inaccurate at any time without prior notice, including after you have submitted your order. We undertake no obligation to update, amend, or clarify information on the Website except as required by law.

Third-Party Services

If you decide to enable, access, or use third-party services, be advised that your access and use of those services are governed solely by their terms and conditions. We do not endorse and are not responsible or liable for any aspect of such services, including their content or the manner in which they handle your data. You irrevocably waive any claim against Divigo with respect to such services. By enabling any third-party service, you expressly permit Divigo to disclose your data as necessary to facilitate its use.

Uptime Guarantee

We offer a Service uptime guarantee of 99% of available time per month. This guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Backups

We perform regular backups of the Website and Content and will do our best to ensure their completeness and accuracy. In the event of hardware failure or data loss, we will restore backups automatically to minimize impact and downtime.

Links to Other Websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website unless specifically stated. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any businesses or individuals or the content of their websites. You should carefully review the legal statements and conditions of use of any website you access through a link from this Website. Your linking to any off-site website is at your own risk.

Prohibited Uses

In addition to other terms set forth in this Agreement, you are prohibited from using the Website or its Content:

• For any unlawful purpose, or to solicit others to perform or participate in any unlawful acts
• To violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services or any related website
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Services or any related website

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Divigo or third parties, and all rights, titles, and interests in and to such property remain (as between the parties) solely with Divigo. All trademarks, service marks, graphics, web designs, and logos used in connection with our Website or Services are trademarks or registered trademarks of Divigo or its licensors. Other trademarks used in connection with our Website or Services may be the property of their respective owners. Every design, graphic, code, or website development made by Divigo is the property of Divigo. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Divigo or third-party trademarks.

Removing or altering Divigo branding from any materials we create may result in account and service termination. Where such conduct causes demonstrable harm to Divigo, we reserve the right to pursue any remedies available to us under applicable law.

Additional Reservation of Rights

Divigo expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or Services for any reason, including but not limited to the following:

• To correct mistakes made by Divigo in offering or delivering any Services
• To assist with our fraud and abuse detection and prevention efforts
• To comply with court orders and applicable local, provincial, national, and international laws, rules, and regulations
• To comply with requests of law enforcement, including subpoena requests
• To comply with any dispute resolution process
• To defend any legal action or threatened legal action, without consideration of whether it is eventually determined to be with or without merit
• To avoid any civil or criminal liability on the part of Divigo, its officers, directors, employees, and agents

Divigo expressly reserves the right to terminate, without notice to you, any and all Services where, in our sole discretion, you are harassing or threatening Divigo or any of our employees.

If we determine that the Services are being used in association with spam, we will redirect, suspend, or cancel the applicable Services until you respond. You will be required to confirm by email that you will cease to send spam and will not have spam sent on your behalf. If we determine that the abuse has not stopped after Services have been restored, we may terminate the Services associated with your account.

Disclaimer of Warranty

You agree that your use of our Website or Services is solely at your own risk. The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Services or the accuracy or reliability of any information obtained through them. Any material or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Divigo, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use, or content, business interruption, loss of anticipated savings, or loss of business opportunity), however caused, under any theory of liability, even if Divigo has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, the aggregate liability of Divigo and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services will be limited to the greater of one dollar or the amounts actually paid in cash by you to Divigo for the one-month period prior to the first event giving rise to such liability. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Divigo and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable legal fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of your use of the Website or Services, your Content, or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws, and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Agreement, and any disputes arising out of it, shall be governed by the substantive and procedural laws of the Province of Ontario, Canada, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter of this Agreement shall be the courts located in Ontario, Canada, and you submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which we may grant or withhold at our sole discretion; any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations under this Agreement, in whole or in part, to any third party as part of a sale of all or substantially all of our assets or stock, or as part of a merger.

Changes and Amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes constitutes your consent to those changes.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By using the Website or its Services, you agree to be bound by this Agreement. If you do not agree to abide by these Terms, you are not authorized to use or access the Website and its Services.

Contacting Us

If you have any questions about this Agreement, please contact us at [email protected].

Updated June 23, 2026