Effective Date: March 15, 2024

Last Updated: Feb 12, 2025

1. Introduction

Welcome to Sivaiah Technologies Inc. (“Company”, “we”, “us”, or “our”). Sivaiah Technologies Inc. is a Canadian company with its head office located in Ontario, Canada. As such, the rules and regulations of Canada govern our operations. These Terms and Conditions (“Terms”) govern your access to and use of all our services, including (but not limited to):

Staffics: An ERP web application designed to streamline the management of customers, clients, business operations, employees, and contractors. Staffics is built to empower your business with efficient processes and comprehensive data management. For more information, please visit https://sivaiah.com/staffics.

SafetyOHS: SafetyOHS is dedicated to transforming workplace environments into safer spaces through informed insights and practical guidance. Our platform provides:

• - Enhanced Workplace Safety: Gain access to essential safety tips and best practices.
• - Comprehensive Insights for a Safer Environment: Stay informed with regulatory updates, proactive risk management strategies, and case studies that foster a culture of safety and continuous improvement.
• - Proactive Risk Management: Identify and mitigate workplace hazards before they escalate into incidents.
• - Regulatory Compliance: Stay ahead with the latest safety regulations to protect your workforce and avoid penalties.
• - Training and Awareness: Equip your team with the knowledge and skills needed to maintain a safe working environment.

Explore our extensive resources and learn more about building a safer workplace at SafetyOHS.

DigitALL: A web-based initiative offering digital transformation services to help businesses establish and enhance their online presence. DigitALL provides comprehensive solutions tailored to your digital needs—from website development to application deployment. Discover detailed features, pricing, and contact information at the following links:

• -Overview & Getting Started.
• - Features
• - Pricing
• - About & Contact

Please note: The Company reserves the right to modify, suspend, or discontinue any of its services at any time, and the descriptions above reflect our current service offerings.

By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Services.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• Company: Sivaiah Technologies Inc., a Canadian company with its head office in Ontario, Canada.
• Services: All websites, web applications, software, and platforms provided by the Company, including, without limitation, Staffics, SafetyOHS, and DigitALL. The Company may introduce additional Services from time to time, which will be governed by these Terms unless expressly provided otherwise.
• User or You: Any individual or entity accessing or using our Services.
• End User: The final consumer or business that uses our web applications.
• License: The limited, non-exclusive, non-transferable right granted to you to access and use our Services in accordance with these Terms.
• Subscription: A paid or trial-based service plan providing access to our software platforms.
• API: An application programming interface provided by the Company to enable integrations with third-party applications.
• SLA: The Service Level Agreement provisions governing uptime, maintenance, and performance for our SaaS offerings.
• Confidential Information: Any non-public information disclosed by one party to the other, including, but not limited to, business operations, user data, or technical information.
• User Data: Any data or information submitted or generated by you during your use of our Services.
• Scheduled Maintenance: Pre-planned periods during which the Services may be temporarily unavailable.

3. Acceptance of Terms

By using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you use our Services on behalf of an organization, you represent and warrant that you have obtained all necessary approvals and have the authority to bind that organization to these Terms. If you do not agree with these Terms, you must immediately discontinue using our Services.

4. Modifications to These Terms

We reserve the right to update or modify these Terms at any time. Any material changes will be posted on our website and accompanied by a website announcement. We will provide notice of material changes at least thirty (30) days prior to such changes taking effect, except where a shorter notice period is required by law or is necessary for the immediate security or integrity of our Services. Your continued use of our Services after the effective date of any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any modifications.

5. Eligibility

You must be at least 18 years of age or otherwise of legal age in your jurisdiction to form a binding contract. By using our Services, you represent and warrant that you meet the necessary eligibility requirements. If you are using our Services on behalf of an organization, you further represent and warrant that the organization is legally capable of entering into binding contracts and that you have the authority to bind that organization.

6. Registration, Account Security, and Data Protection

6.1 Registration and Account Security: Certain features of our Services require you to create an account. You agree to provide accurate, current, and complete information during the registration process. Failure to do so may result in the suspension or termination of your account.

Credential Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use or suspected breach of your account. We shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

Employee Confidentiality: Access to user data is restricted to authorized employees who are bound by strict confidentiality obligations. Unauthorized access, disclosure, or misuse of user data by any employee may result in immediate termination of their employment and could result in legal action against the responsible party.

6.2 Data Protection Measures: We employ industry-standard web certificates, secure servers, and robust encryption protocols (both in transit and at rest) to protect user data from unauthorized access, disclosure, alteration, or destruction. While we take all reasonable precautions to secure user data, you acknowledge that no system or network can be completely secure. We process user data in accordance with applicable laws—including the Personal Information Protection and Electronic Documents Act (PIPEDA) and other relevant Canadian privacy legislation. For more details, please review our Privacy Policy.

7. Use of Our Services

7.1 General Use: You agree to use our Services solely for lawful purposes and in compliance with these Terms and all applicable laws and regulations. Unauthorized or illegal use is strictly prohibited. You must not engage in any activity that disrupts, damages, or interferes with the operation, security, or performance of our Services.

7.2 Service-Specific Provisions:

Staffics (ERP Web Application): Staffics is designed to assist businesses in managing their operations, customer relationships, employee data, and contractor information in an efficient and secure manner. You are responsible for ensuring that all data entered into Staffics is accurate and complies with applicable data protection and privacy laws. Unauthorized access, modification, or misuse of Staffics is strictly prohibited.

SafetyOHS (Health & Safety Blog): The content on SafetyOHS is intended solely for informational and educational purposes and does not constitute professional, legal, or health advice. Any user-generated content reflects the views of its author and does not necessarily represent the views of Sivaiah Technologies Inc.

DigitALL (Digital Transformation Initiative): DigitALL provides digital transformation services. Our standard engagement process involves:

• Presenting a selection of sample templates or design concepts.
• You select the option that best meets your requirements and provide any necessary information.
• Payment is initiated through our designated payment system.
• Upon payment confirmation, work on the selected solution commences.

For additional customizations beyond our standard offerings, a supplemental agreement will document the extra deliverables, payment terms, intellectual property rights, and confidentiality provisions. Any custom work that conflicts with these general Terms shall be governed by the supplemental agreement.

API and Third-Party Integrations: Use of our APIs is subject to separate guidelines. You agree not to misuse or reverse engineer our APIs. Our Services may also include links to third-party websites; such links are provided for your convenience, and we assume no responsibility for their content or practices.

8. Intellectual Property Rights

Ownership: All software, content, and related intellectual property—including trademarks, copyrights, patents, and trade secrets—provided through our Services are the exclusive property of or licensed to Sivaiah Technologies Inc.

License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your internal business operations.

Restrictions: You may not:

• Reproduce, distribute, or publicly display any portion of our software or content;
• Modify, adapt, translate, or create derivative works based on our software or content;
• Reverse engineer, decompile, or disassemble our software;
• Remove or alter any proprietary notices or labels.

Third-Party Components: Some parts of our Services may include third-party software governed by separate license terms.

9. Payment Terms and Subscriptions

One-Time Payment: Payment is due at purchase for one-time services, processed via Stripe or another specified method.

Subscription Services: Certain services are offered on a subscription basis. The subscription period (daily, weekly, monthly, etc.) will be clearly indicated at sign-up.

Billing and Payment: All payments are processed through Stripe (or as specified). Subscription payments recur automatically unless cancelled.

Trial Periods and Refund Policies: Trial periods or promotional pricing (if offered) will have clearly stated terms. Except as provided, all fees are non-refundable.

10. Third-Party Links, API, and Integrations

Third-Party Links: Our Services may contain links to third-party sites. We do not endorse or assume responsibility for their content.

API Integration: Use of our API is governed by separate documentation. Unauthorized manipulation of our API is prohibited.

Restrictions on Integrations: You may not integrate our Services with third-party systems in ways that compromise our security or alter intended functionality.

11. Disclaimers

“As Is” and “As Available” Basis: Our Services are provided without any warranties, express or implied.

Specific Service Disclaimers:

SafetyOHS: The information provided is for general informational purposes only and does not constitute professional advice.

DigitALL: We do not warrant that services under DigitALL will meet your specific requirements. No performance guarantees are provided.

General Disclaimer: Despite our security measures, we cannot guarantee the absolute security or uninterrupted operation of our Services.

12. Limitation of Liability

12.1 General Limitation: To the fullest extent permitted by law, Sivaiah Technologies Inc. is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our Services.

12.2 Cost Recovery: In any dispute, you agree to bear all costs incurred by the Company, including legal and arbitration fees.

12.3 Exclusive Remedy: The remedies in these Terms are your exclusive remedies.

13. Indemnification

You agree to indemnify and hold harmless Sivaiah Technologies Inc. and its affiliates from any claims, damages, or expenses arising out of your use of our Services or violation of these Terms.

• Your use of our Services;
• Your violation of these Terms;
• Any infringement of third-party rights by you or your submitted content;
• Any other acts or omissions related to your use of our Services.

14. Termination

14.1 Termination Rights: Sivaiah Technologies Inc. may immediately suspend or terminate your access if you breach these Terms.

14.2 Effect of Termination: Upon termination, your right to use our Services ceases, though you remain liable for fees accrued prior to termination.

14.3 No Advance Notice: For subscription services, termination may occur without advance notice.

15. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of Ontario, Canada. Any disputes shall be resolved in the Region of Waterloo, Ontario.

Arbitration: Disputes shall be resolved by binding arbitration administered by the Canadian Arbitration Association, conducted in English in the Region of Waterloo, Ontario.

Mediation: Before arbitration, the parties agree to attempt non-binding mediation.

Cost Recovery in Disputes: You agree to bear all costs incurred by the Company in any dispute resolution process.

16. Data Protection and Privacy

Encryption and Security: Data transmitted between your device and our Services is encrypted using industry-standard protocols (e.g., TLS). Data at rest is similarly protected.

Data Handling Practices: We limit access to User Data to authorized personnel and follow strict confidentiality protocols. See our Privacy Policy for details.

User Acknowledgment: You acknowledge that despite our efforts, no system is 100% secure and Sivaiah Technologies Inc. is not liable for unauthorized access or data loss.

17. Service Level Agreement (SLA)

Sivaiah Technologies Inc. is committed to delivering high-quality, reliable Services. This SLA outlines performance targets, maintenance practices, incident response protocols, and support standards. For detailed, service-specific information, please refer to:

DigitALL: View DigitALL SLA

(Additional Services: Detailed SLAs will be provided via dedicated links as new services are introduced.)

17.1 Uptime Guarantee: We use commercially reasonable efforts to achieve high service availability. Uptime targets vary by Service:

• Staffics (ERP Web Application): 99.9% uptime per calendar month.
• DigitALL Websites: Approximately 99.5% uptime per calendar month.
• SafetyOHS: As specified in the service-specific SLA (e.g., around 99.7% uptime per month).

Exclusions: Downtime due to Scheduled Maintenance, Emergency Maintenance, or Force Majeure events is excluded.

17.2 Maintenance: Scheduled Maintenance is pre-planned and announced at least 24–48 hours in advance. Emergency Maintenance may occur without prior notice. Outages due to Force Majeure are excluded from uptime calculations.

17.3 Incident Response: In the event of an incident (e.g., data breach or service disruption), we will activate our incident response protocols, notify affected users, and provide updates until service is restored.

17.4 Service Credits: If a Service fails to meet its uptime target, you may be eligible for service credits as detailed in your subscription agreement.

17.5 Customer Support: We commit to acknowledging support inquiries within 24 business hours. Critical incidents and non-critical issues have respective resolution targets. Escalation procedures are available if issues remain unresolved.

17.6 Contractual Term and Review: This SLA automatically becomes part of your subscription and renews with it. We may update the SLA as needed.

17.7 Additional Performance Metrics: We also monitor page load times, transaction speeds, and error rates to ensure quality service.

18. Force Majeure

Neither party shall be liable for delays or failures due to events beyond its control (“Force Majeure Events”), including natural disasters, acts of war, terrorism, government actions, pandemics, labor strikes, supply chain disruptions, or other similar events. In such events, performance obligations are suspended until the event ceases.

19. Notices and Communications

Method of Notice: All communications under these Terms must be in writing and may be delivered via email, certified/registered mail, personal delivery, or publication on our official website.

Effective Timing: Notices are effective upon receipt (or as otherwise specified, such as 48 hours after email transmission or posting on our website).

Material Changes: Any material changes to these Terms will be announced on our website and via email.

20. Assignment and Third-Party Beneficiaries

Assignment: Sivaiah Technologies Inc. may assign its rights under these Terms without notice. You may not assign your rights without our prior written consent.

Third-Party Beneficiaries: These Terms benefit only the parties involved and do not confer rights on any third party.

21. Severability, Entire Agreement, and Waiver

Severability: If any provision is found invalid, the remainder will continue in full force.

Entire Agreement: These Terms, along with any referenced policies, constitute the entire agreement between you and Sivaiah Technologies Inc.

Waiver: A failure to enforce any right under these Terms does not constitute a waiver of that right.

22. Additional Policies and Agreements

Our legal framework is supplemented by additional policies available on our website, including:

• Privacy Policy: Governing the collection and use of your personal information (https://sivaiah.com/privacy).
• Cookie Policy: Detailing the use of cookies and similar technologies.
• Service Level Agreement (SLA): Outlining performance and support standards (see Section 17).
• API Usage Terms: Governing the permitted use of our APIs.
• Acceptable Use Policy: Describing acceptable and prohibited uses of our Services.
• Industry-Specific Compliance Guidelines: Such as those for SafetyOHS.
• Other Policies or Agreements: As may be adopted from time to time.

These documents are subject to updates; please review them periodically.

23. Contact Information

For any questions or concerns regarding these Terms, please email privacy@sivaiah.com or use the contact form on our website.

24. End User License and SaaS Notice

Our Services may be accessed via various platforms (web, mobile, desktop, etc.). By using our Services, you receive a limited, non-exclusive, non-transferable license to access and use our Services according to these Terms and any platform-specific terms. For our SaaS offerings, the SLA in Section 17 applies.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.