Terms of Service

1. Introduction

These Terms of Service govern your access to and use of websites, portals, accounts, online services, digital services, and related services operated or provided by Sivaiah Technologies Inc.

These Terms apply to your use of:

sivaiah.com;
portal.sivaiah.com;
online accounts, portals, checkout flows, quote requests, forms, and support channels;
digital services, software, applications, hosting, maintenance, email setup, consulting, automation, AI tools, integrations, and related technology services made available by Sivaiah Technologies Inc.

These Terms are intended to govern general website, portal, account, and online service use. Paid client projects and professional services may also be governed by a separate Master Services Agreement, Statement of Work, proposal, invoice, service plan, SLA, or written agreement.

By accessing or using our services, you agree to these Terms. If you do not agree, do not use our services.

2. Definitions

In these Terms:

“Sivaiah,” “we,” “us,” or “our” means Sivaiah Technologies Inc.
“You” or “your” means the person, business, sole proprietor, organization, or other user accessing or using our services.
“Services” means our websites, portals, accounts, online services, software, applications, hosting, maintenance, email setup, support, consulting, automation, AI tools, integrations, and related technology services.
“Portal” means the client portal or account system made available through portal.sivaiah.com or another Sivaiah-controlled online account area.
“Client Agreement” means any Master Services Agreement, Statement of Work, proposal, quote, invoice, order form, service plan, SLA, or other written agreement between you and Sivaiah Technologies Inc.

3. Relationship to Client Agreements

These Terms apply generally to your use of our websites, portals, accounts, and online services.

If you purchase services from Sivaiah Technologies Inc., your project or services may also be governed by a Client Agreement, such as a quote, proposal, Statement of Work, invoice, order form, checkout flow, service plan, signed agreement, or other written acceptance process.

For paid client services, your project may also be governed by our Master Services Agreement:

Master Services Agreement

The Master Services Agreement applies only where it is referenced in a quote, proposal, Statement of Work, invoice, order form, checkout flow, service plan, signed agreement, or other written acceptance process.

If there is a conflict between these Terms and a signed Client Agreement, the signed Client Agreement will control for that specific project or service.

4. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to create an account, request paid services, accept a Client Agreement, or purchase services from Sivaiah Technologies Inc.

If you use our services on behalf of a business, sole proprietorship, corporation, organization, or other entity, you represent that you have authority to bind that entity to these Terms and any applicable Client Agreement.

5. Accounts and Portal Access

Some services may require an account or access to our Portal.

You agree to:

provide accurate and complete information;
keep your account information current;
maintain the confidentiality of your login credentials;
use strong passwords;
not share your account with unauthorized users;
promptly notify us of suspected unauthorized access or security issues;
remain responsible for activity under your account.

Sivaiah Technologies Inc. is not responsible for losses caused by your failure to maintain secure credentials, protect account access, or notify us of unauthorized use.

6. Quotes, Proposals, and Purchases

Most paid services are provided after a quote, proposal, Statement of Work, invoice, service plan, or other written description is prepared and accepted.

A quote or proposal is not binding unless accepted according to its terms.

We may require a signed agreement, written approval, deposit, payment authorization, or full payment before work begins.

We may refuse, cancel, or decline any project or service request at our discretion, including where the requested work is unlawful, outside our scope, technically unsuitable, high-risk, abusive, or inconsistent with our policies.

7. Subscriptions and Recurring Services

Some services may be offered on a recurring basis, including hosting, maintenance, support, software access, email support, portal access, or managed services.

Recurring services may renew monthly, annually, or according to the applicable service plan, invoice, order form, or Client Agreement.

You are responsible for paying recurring fees when due. Failure to pay may result in suspension, restriction, or termination of services.

Cancellation and refund rules are described in our Refund and Cancellation Policy and any applicable Client Agreement.

8. Payments and Taxes

You agree to pay all fees described in the applicable quote, proposal, invoice, order form, checkout page, service plan, or Client Agreement.

Fees may include deposits, milestone payments, fixed fees, hourly fees, subscription fees, support fees, hosting fees, maintenance fees, third-party fees, usage fees, taxes, and other charges.

Unless stated otherwise, fees are exclusive of applicable taxes.

You are responsible for all applicable taxes, including HST, GST, sales taxes, or similar charges, where applicable.

9. Refunds and Cancellations

Refunds, cancellations, deposits, prepaid services, recurring services, third-party fees, transfer fees, export fees, and handover fees are governed by our Refund and Cancellation Policy and any applicable Client Agreement.

Please review:

Refund and Cancellation Policy

10. Ontario Consumer Internet Agreements

If you are an individual purchasing services for personal, family, or household purposes, and Ontario consumer protection laws apply, you may have statutory rights that cannot be excluded or limited by these Terms.

For eligible online consumer purchases over the applicable legal threshold, we will provide required pre-contract information, give you a reasonable opportunity to review and correct information before completing the purchase, and provide a copy of the agreement as required by law.

If we fail to provide required information or a required copy of the agreement, you may have cancellation rights under applicable Ontario consumer protection law.

Nothing in these Terms is intended to limit rights that cannot legally be limited.

11. Acceptable Use

You agree to use our services only for lawful, authorized, and appropriate purposes.

You must not use our services for unlawful activity, abuse, spam, phishing, malware, unauthorized access, infringement, harassment, deceptive activity, excessive resource usage, or any activity that harms or risks the security, integrity, availability, or reputation of Sivaiah Technologies Inc., our clients, users, vendors, or third-party providers.

Your use of our services is also governed by our Acceptable Use Policy:

Acceptable Use Policy

We may suspend, restrict, or terminate access where we reasonably believe there has been a violation of these Terms, the Acceptable Use Policy, a Client Agreement, applicable law, or third-party provider rules.

12. Client Content and User Content

You are responsible for all content, data, files, materials, instructions, communications, and information that you submit, upload, transmit, provide, or make available through our services.

You represent that you have the rights and permissions required to provide and use that content.

You must not submit or use content that:

infringes intellectual property rights;
violates privacy rights;
violates confidentiality obligations;
is unlawful, misleading, abusive, defamatory, harmful, or fraudulent;
contains malware or harmful code;
violates these Terms or our Acceptable Use Policy.

We may remove, restrict, or disable content where we reasonably believe it violates these Terms, our policies, law, or third-party provider requirements.

13. Privacy

Our collection, use, disclosure, retention, and protection of personal information is described in our Privacy Policy:

By using our services, you acknowledge that personal information may be handled according to our Privacy Policy.

14. Service-Specific Terms, Master Services Agreement, and SLAs

Certain services may be subject to additional service-specific terms, the Master Services Agreement, or SLAs.

Where applicable, these may include:

These documents apply only where the relevant service or document is included or referenced in an applicable Client Agreement, quote, proposal, service plan, Statement of Work, order form, checkout flow, invoice, or written agreement.

If no specific SLA applies, services are provided on a commercially reasonable basis only.

15. Third-Party Services

Our services may depend on third-party providers, tools, platforms, hosting services, cloud services, payment processors, email providers, analytics tools, advertising tools, domain registrars, DNS providers, APIs, plugins, libraries, software, or other vendors.

Third-party services are governed by their own terms, policies, fees, restrictions, uptime commitments, privacy practices, and technical limitations.

Sivaiah Technologies Inc. is not responsible for third-party outages, service interruptions, data loss, security incidents, pricing changes, account suspensions, rejected payments, provider restrictions, API changes, platform changes, or discontinued services outside our reasonable control.

16. Intellectual Property

All content, branding, website materials, software, code, designs, documentation, graphics, logos, service names, processes, systems, templates, tools, methods, and other materials made available by Sivaiah Technologies Inc. are owned by or licensed to Sivaiah Technologies Inc., unless otherwise stated.

You may not copy, modify, reproduce, distribute, sell, license, reverse engineer, scrape, or exploit our services, software, website content, or materials except as expressly permitted by these Terms or a written Client Agreement.

Ownership of custom deliverables created for a client is governed by the applicable Client Agreement, including the Master Services Agreement and Statement of Work.

17. Limited Licence

Subject to your compliance with these Terms, Sivaiah Technologies Inc. grants you a limited, revocable, non-exclusive, non-transferable licence to access and use our websites, portal, and online services for their intended purpose.

This licence does not give you ownership of our services, software, code, content, or intellectual property.

We may revoke or restrict this licence if you violate these Terms, our policies, or applicable law.

18. Feedback

If you provide feedback, suggestions, ideas, improvements, or recommendations about our services, you allow Sivaiah Technologies Inc. to use them without restriction or compensation to you.

We are not required to treat feedback as confidential unless we expressly agree otherwise in writing.

19. AI, Automation, and Digital Tools

Some services may include AI tools, automation, generated content, prompts, third-party AI APIs, workflows, or other digital tools.

Outputs from AI or automated tools may be inaccurate, incomplete, inconsistent, biased, unavailable, or unsuitable for your intended use.

You are responsible for reviewing, approving, and using AI-generated or automated outputs appropriately.

Sivaiah Technologies Inc. does not guarantee the accuracy, legality, reliability, or suitability of AI-generated or automated outputs.

20. No Professional Advice

Information on our websites, portal, content, resources, support materials, or communications is provided for general informational purposes only.

Sivaiah Technologies Inc. does not provide legal, tax, accounting, financial, employment, medical, regulatory, or other professional advice.

You should consult appropriate professionals for advice specific to your situation.

21. No Guarantee of Results

Sivaiah Technologies Inc. does not guarantee:

sales;
revenue;
profit;
leads;
conversions;
traffic;
search engine rankings;
user adoption;
business growth;
app store approval;
payment processor approval;
email deliverability;
inbox placement;
uninterrupted service;
perfect security;
regulatory compliance;
specific performance scores;
specific business outcomes.

Any examples, estimates, projections, or discussions of possible outcomes are not guarantees.

22. Availability and Changes to Services

We may modify, suspend, restrict, replace, discontinue, or stop offering any service, feature, portal, website, account function, pricing, or content at any time, subject to any applicable Client Agreement and mandatory legal requirements.

We are not responsible for loss or inconvenience caused by service changes, interruptions, or discontinuation, except where required by law or a signed Client Agreement.

23. Security

We use reasonable measures designed to protect our services and systems.

However, no website, portal, software, hosting environment, account, email system, database, or internet-based service can be guaranteed to be completely secure or uninterrupted.

You are responsible for maintaining secure credentials, protecting your devices, using reasonable security practices, and promptly notifying us of suspected unauthorized access or security incidents.

24. Disclaimers

To the maximum extent permitted by law, our websites, portal, online services, content, materials, and general services are provided on an “as is” and “as available” basis.

Sivaiah Technologies Inc. disclaims all warranties, representations, and conditions not expressly stated in these Terms or a signed Client Agreement, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, security, accuracy, and suitability for your intended use.

Some jurisdictions do not allow certain exclusions, so some exclusions may not apply to you.

25. Limitation of Liability

To the maximum extent permitted by law, Sivaiah Technologies Inc.’s total liability for any claim arising out of or relating to these Terms, our services, our websites, our portal, or any online service will not exceed the fees paid by you to Sivaiah Technologies Inc. for the affected service during the six months immediately before the event giving rise to the claim.

If no fees were paid for the affected service, Sivaiah Technologies Inc.’s liability will be limited to CAD $100 to the maximum extent permitted by law.

Nothing in these Terms limits liability that cannot legally be limited.

26. Exclusion of Certain Damages

To the maximum extent permitted by law, Sivaiah Technologies Inc. will not be liable for:

lost profits;
lost revenue;
lost business;
lost opportunities;
loss of goodwill;
loss of data;
business interruption;
downtime;
reputational harm;
cost of substitute services;
indirect damages;
incidental damages;
consequential damages;
special damages;
punitive damages.

This limitation applies even if Sivaiah Technologies Inc. was advised of the possibility of such damages.

27. Indemnity

You agree to indemnify and hold harmless Sivaiah Technologies Inc., its directors, officers, employees, contractors, subcontractors, agents, and service providers from claims, losses, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising from:

your use of the services;
your content or data;
your breach of these Terms;
your breach of any Client Agreement;
your violation of law;
your infringement of third-party rights;
your misuse of the services;
your unlawful marketing or communications;
privacy or data issues caused by you;
third-party claims relating to your business, products, services, users, or customers.

28. Suspension and Termination

We may suspend, restrict, or terminate your access to our services, accounts, portal, content, or systems if:

you breach these Terms;
you breach a Client Agreement;
you violate our Acceptable Use Policy;
you fail to pay amounts when due;
your use creates legal, security, operational, reputational, or technical risk;
your account appears compromised;
you request unlawful or unethical work;
third-party services become unavailable;
we are required to do so by law, court order, regulator, or provider requirement.

For urgent security, legal, abuse, non-payment, or operational risks, suspension or termination may occur immediately and without prior notice.

29. Effect of Termination

Upon termination, your right to access or use the affected services ends immediately.

Termination does not affect amounts already owed.

Terms that by their nature should survive termination will survive, including payment obligations, intellectual property terms, confidentiality, limitation of liability, indemnity, dispute resolution, and governing law.

30. Notices and Communications

We may send notices to you by email, through the Portal, through your account, by posting on our website, or through other contact information you provide.

You may contact Sivaiah Technologies Inc. at:

Sivaiah Technologies Inc.
Website: sivaiah.com
Email: legal@sivaiah.com

31. Changes to These Terms

We may update these Terms from time to time.

The updated version will be posted with a revised “last updated” date.

If we make material changes, we may provide additional notice where required by law.

Your continued use of our services after updated Terms are posted means you accept the updated Terms, unless a separate signed agreement states otherwise or applicable law requires a different process.

32. Governing Law

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Subject to any mandatory consumer protection rights or applicable legal requirements, disputes will be resolved in the courts located in Ontario, Canada.

33. Dispute Resolution

Before starting formal legal proceedings, the parties agree to try to resolve disputes in good faith, except where urgent injunctive relief, collection of unpaid amounts, protection of intellectual property, security action, or legal compliance requires immediate action.

Either party may request a written discussion or meeting to attempt to resolve a dispute.

34. Assignment

You may not assign or transfer these Terms without Sivaiah Technologies Inc.’s prior written consent.

Sivaiah Technologies Inc. may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, transfer of business, or to an affiliate or successor.

35. Severability

If any part of these Terms is found invalid, unlawful, or unenforceable, the remaining parts will continue in effect.

The invalid, unlawful, or unenforceable part will be interpreted or modified to the minimum extent necessary to make it valid and enforceable, where permitted by law.

36. No Waiver

A failure by Sivaiah Technologies Inc. to enforce any part of these Terms is not a waiver of its right to enforce that part later.

37. Entire Agreement

These Terms, together with any applicable Client Agreement, policies, SLAs, invoices, service plans, and written agreements, form the entire agreement between you and Sivaiah Technologies Inc. regarding your use of the applicable services.

38. Contact

For questions about these Terms, contact:

Sivaiah Technologies Inc.
Website: sivaiah.com
Email: legal@sivaiah.com