Terms of Service - TeeOnTime

TERMS OF SERVICE AND USE AGREEMENT

Last Updated: October 7, 2026

Welcome to TeeOnTime® (the "Service"). This Terms of Service and Use Agreement ("Agreement") is a legally binding contract between you ("User," "Customer," "you," or "your") and TeeOnTime® ("Company," "we," "us," or "our"). This Agreement governs your access to and use of the TeeOnTime® software-as-a-service (SaaS) platform, web applications, mobile applications, APIs, and any associated services, documentation, or infrastructure provided by the Company.

BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, YOU EXPLICITLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE SERVICE.

1. DEFINITIONS

  • "Account" means the digital user profile, credentials, and specific workspace provisioned to the User to facilitate access to the SaaS infrastructure.
  • "Customer Data" means all electronic data, schedules, files, text, images, information, metadata, or other materials uploaded, inputted, stored, or transmitted by the User to or through the Service.
  • "Service" means the TeeOnTime® proprietary cloud-based optimization, scheduling, and software platform, including updates, patches, upgrades, and support materials made available online.
  • "Usage Metrics" means anonymized, aggregated statistical data derived from the performance, operations, analytics, and mechanical metrics of the User’s interface with the platform.

2. RISK ALLOCATION AND ABSOLUTE LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEEONTIME®, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER.

This comprehensive exclusion includes, without limitation, damages for:

  • Loss of commercial profits or revenue;
  • Loss of corporate goodwill or brand equity;
  • Interruption of business, operational downtime, or scheduling errors;
  • Loss, corruption, or unauthorized alteration of Customer Data;
  • Procurement of substitute goods, technologies, or services;
  • Intangible commercial or operational losses arising out of or related to the use of, or the structural inability to use, the platform.

UNDER NO CIRCUMSTANCES SHALL TEEONTIME® BE RESPONSIBLE OR LEGALLY LIABLE FOR ANY DAMAGE, LOSS, COMPROMISE, OR INJURY RESULTING FROM CYBERATTACKS, SYSTEM HACKING, DATA BREACHES, TAMPERING, MALWARE, OR OTHER UNAUTHORIZED SYSTEMIC ACCESS OR ALTERATION OF ACCOUNT CREDENTIALS OR CUSTOMER DATA.

MAXIMUM FINANCIAL CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE FINANCIAL LIABILITY OF TEEONTIME® FOR ANY CLAIMS, DISPUTES, OR ACTIONS ARISING UNDER, OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING ACTIVE OR PASSIVE NEGLIGENCE), STRICT LIABILITY, STATUTORY DUTY, OR OTHERWISE, IS STRICTLY LIMITED TO AND SHALL NOT EXCEED THE GREATER OF:

  1. ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD), OR
  2. THE TOTAL NET SUBSCRIPTION FEES ACTUALLY PAID BY THE CUSTOMER TO TEEONTIME® FOR THE SPECIFIC SERVICE MODULE GIVING RISE TO LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

THE EXISTENCE OF MORE THAN ONE CLAIM OR DISPUTE SHALL NOT EXPAND OR ENLARGE THIS AGGREGATE FINANCIAL CEILING. THE USER EXPLICITLY ACKNOWLEDGES THAT THIS LIMITATION IS A CRITICAL BASIS OF THE BARGAIN AND THAT WITHOUT IT, THE SUBSCRIPTION FEES CHARGED WOULD BE SUBSTANTIALLY HIGHER.

3. TOTAL DISCLAIMER OF WARRANTIES

THE TEEONTIME® PLATFORM, SOFTWARE, DOCUMENTATION, INFRASTRUCTURE, AND SERVICES ARE PROVIDED TO THE USER STRICTLY ON AN "AS IS" AND "AS AVAILABLE" OPERATIONAL BASIS.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE SYSTEMIC AND LOCAL JURISDICTIONAL LAW, TEEONTIME® EXPRESSLY DISCLAIMS ALL WARRANTIES, INDEMNITIES, GUARANTEES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ORAL. THIS INCLUDES, BUT IS NOT LIMITED TO:

  • ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR OR HIGH-RISK PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
  • ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TEEONTIME® DOES NOT PROMISE, REPRESENT, WARRANTY, OR GUARANTEE THAT:

  • THE SERVICE WILL MEET YOUR SPECIFIC COMMERCIAL, OPERATIONAL, OR COMPLIANCE REQUIREMENTS;
  • THE OPERATION OF THE SERVICE WILL BE COMPLETELY UNINTERRUPTED, SECURE, ACCURATE, TIME-CRITICAL, TIMELY, OR ABSOLUTELY ERROR-FREE;
  • DEFECTS, GLITCHES, CODING ERRORS, OR BUGS IN THE SAAS ARCHITECTURE WILL BE PROMPTLY OR INSTANTLY CORRECTED;
  • THE SERVICE OR SERVER INFRASTRUCTURE UTILIZED TO HOST THE PLATFORM ARE FREE OF VIRUSES, MALICIOUS ATTACKS, OR OTHER DESTRUCTIVE INFRASTRUCTURE ELEMENTS.

4. FOREVER SURVIVAL CLAUSE

ANY PROVISION OF THIS AGREEMENT WHICH BY ITS INHERENT FUNCTIONAL NATURE OR EXPRESS INTENT OUGHT TO SURVIVE THE EXPIRATION, TERMINATION, VOLUNTARY CANCELLATION, OR SUSPENSION OF THIS AGREEMENT SHALL REMAIN ENFORCEABLE AND SURVIVE IN PERPETUITY.

WITHOUT LIMITING THE BROAD SCOPE OF THIS SYSTEMIC PROVISION, THE OBLIGATIONS, PROVISIONS, RESTRICTIONS, AND AGREEMENTS GOVERNED BY THE FOLLOWING SECTIONS SHALL FOREVER SURVIVE ANY EXPIRY, TERMINATION, SUSPENSION, DELETION, ACCIDENTAL CANCELLATION, OR DISCONTINUATION OF THIS AGREEMENT OR THE UNDERLYING USER ACCOUNTS:

  • Section 2 (Risk Allocation and Absolute Limitation of Liability)
  • Section 3 (Total Disclaimer of Warranties)
  • Section 5 (Indemnification and Third-Party Defense)
  • Section 6 (Proprietary Intellectual Property Rights and Data Licenses)
  • Section 7 (Confidentiality and Restrictive Covenants)
  • Section 8 (Governing Law, Jurisdiction, and Alternative Dispute Resolution)

THE EXPIRY OR TERMINATION OF THIS AGREEMENT SHALL NOT RELEASE EITHER PARTY FROM LIABILITY FOR ANY BREACH OF ACCRUED OBLIGATIONS THAT OCCURRED PRIOR TO SUCH TERMINATION, NOR SHALL IT PREVENT ANY PARTY FROM EXERCISING RIGHTS AND REMEDIES ASSIGNED TO IT HEREIN WHICH ARE INTENDED TO SURVIVE TERMINATION.

5. INDEMNIFICATION AND THIRD-PARTY DEFENSE

You agree to fully defend, indemnify, protect, and hold harmless TeeOnTime®, its parent organizations, subsidiaries, affiliates, and each of their respective officers, directors, employees, contractors, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney's fees, paralegal fees, court costs, and forensic litigation expenses) arising directly or indirectly out of or relating to:

  • Your access, configuration, or utilization of the Service;
  • Customer Data uploaded, processed, shared, or distributed through your platform Account, including claims that your data infringes, misappropriates, or violates the intellectual property, privacy, or proprietary rights of any third party;