Terms and Conditions for Subscription Software

Last Updated: [9/10/2024]

These Terms and Conditions ("Agreement") govern your use of the subscription-based software services ("Service" or "Software") provided by PEVA LLP ("we", "us", or "our"). By subscribing to and using our Software, you ("Customer", "you" or "your") agree to comply with and be bound by the following terms. If you do not agree to these terms, you may not access or use the Software.

1. Subscription and License

1.1 Subscription Plans

By subscribing to the Service, you agree to the payment terms, including applicable fees, billing cycles, and payment methods associated with your selected plan.

1.2 License Grant

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for your internal business purposes during the Subscription Term.

1.3 Subscription Term

Your subscription will commence on the date of purchase and continue for the duration selected during your subscription. The subscription will automatically renew unless terminated according to the terms of this Agreement.

2. Payment and Fees

2.1 Billing

You agree to provide accurate and complete payment information and authorize us to charge all fees due for your subscription plan to your payment method on file.

2.2 Refund Policy

Fees are non-refundable, except where required by law or as outlined in specific promotional offers. Partial refunds may be provided at our sole discretion.

2.3 Late Payment

If payment is not received by the due date, we reserve the right to suspend or terminate access to the Software until the outstanding balance is settled.

Use of the Software

3.1 Permitted Use

You agree to use the Software solely for your internal business purposes and in compliance with applicable laws and regulations.

3.2 Prohibited Use

You may not:

• Reverse engineer, decompile, or disassemble the Software.
• Use the Software to engage in illegal activities.
• Share your subscription access with unauthorized third parties.
• Attempt to access restricted areas of the Software without authorization.

3.3 User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

4. Data and Privacy

4.1 Data Ownership

You retain ownership of any data you submit into the Software ("Customer Data"). You grant us a license to use your Customer Data solely to provide and improve the Software.

4.2 Data Security

We implement commercially reasonable measures to protect your data. However, you acknowledge that no system is completely secure, and we do not guarantee absolute security of your data.

4.3 Privacy Policy

Your use of the Software is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information.

5. Intellectual Property

5.1 Ownership

The Software, including all content, features, and functionality, is owned by us or our licensors and is protected by intellectual property laws.

5.2 No Transfer of Rights

You do not acquire any ownership rights in the Software or any of its components by using it under this Agreement.

6. Termination and Suspension

6.1 Termination by You

You may terminate your subscription at any time by following the cancellation procedures provided in your account settings. Your access to the Software will continue until the end of your current billing cycle.

6.2 Termination by Us

We may terminate or suspend your access to the Software for breach of this Agreement, failure to pay fees, or other justifiable reasons.

6.3 Effect of Termination

Upon termination, your right to use the Software will immediately cease. We may delete your account and data after termination, subject to any legal retention requirements.

7. Disclaimers and Limitation of Liability

7.1 Disclaimer of Warranties

The Software is provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, even if we were advised of the possibility of such damages.

7.3 Maximum Liability

Our total liability under this Agreement shall not exceed the amount you paid us during the twelve months preceding the claim.

8. Modifications to the Agreement

8.1 Changes

We reserve the right to modify this Agreement at any time. If we make material changes, we will notify you by email or within the Software. Continued use of the Software after changes are made constitutes acceptance of the modified terms.

9. General Provisions

9.1 Governing Law

This Agreement is governed by the laws of Canada, without regard to its conflict of law principles.

9.2 Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration under the rules of Ontario's Arbitration Act, 1991, in ON, Canada. You agree to waive any right to a jury trial.

9.3 Entire Agreement

This Agreement, along with the Privacy Policy, constitutes the entire agreement between you and PEVA LLP regarding the use of the Software.

9.4 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

9.5 Assignment

You may not assign this Agreement or your rights under it without our prior written consent.

10. Contact Information

For any questions or concerns regarding this Agreement, please contact us at:

PEVA LLP

Info@pevasolution.com

---

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

Privacy Statement for PEVA Solution (PEVA LLP) (Canada)

At PEVA Solution, we respect your privacy and are committed to safeguarding the personal information of our users in accordance with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). This Privacy Statement explains how we collect, use, and protect the personal information of our Canadian users.

1. Information We Collect

We may collect personal information such as:

• Identification Information: Name, job title, email, and company details.
• Performance Data: Information related to employee performance evaluations.
• Usage Data: Analytics from interactions with our software to enhance user experience.

2. Purpose of Collecting Information

PEVA Solution uses your personal information to:

• Provide and improve our employee evaluation services.
• Customize and enhance user experience.
• Communicate updates, product features, or support information.

3. Consent

Your consent is required for the collection, use, and sharing of personal information, in line with Canadian privacy laws. By using PEVA Solution, you provide implied consent to the processing of your information. Users have the right to withdraw consent at any time.

4. Data Security

We employ industry-standard encryption and access controls to protect your data. Access to personal information is restricted to authorized personnel only.

5. Data Sharing and Transfers

PEVA Solution may share personal information with third-party service providers (e.g., cloud hosting, analytics) solely to support the software's operations. We ensure these providers adhere to strict confidentiality agreements and data protection measures. In some cases, data may be transferred across borders, including to the United States, where data protection laws may differ.

6. Your Rights Under PIPEDA

You have the right to:

• Access the personal information we hold about you.
• Request corrections or updates to your data.
• Withdraw consent to data processing.
• Request the deletion of your personal information.

To exercise any of these rights, please contact us at [email/contact information].

7. Data Retention

We retain personal and performance data as long as required to fulfill the purposes outlined in this Privacy Statement or as required by law. Upon request, we will securely delete data.

8. Changes to This Privacy Statement

We may update this Privacy Statement as necessary. Any changes will be communicated via our website. We encourage you to review the policy regularly.

9. Contact Us

If you have any questions or concerns about your privacy, please contact us at:
Peva LLP
Info@pevasolution.com

---

Privacy Statement for PEVA Solution (Peva LLP) (USA)

PEVA Solution is committed to protecting the privacy of our users in accordance with U.S. privacy regulations, including the California Consumer Privacy Act (CCPA) where applicable. This Privacy Statement explains how we collect, use, and protect personal information for users in the United States.

1. Information We Collect

We may collect the following types of personal information:

• Personal Identifiers: Name, email address, job title, and company details.
• Performance Data: Information related to employee evaluations, reviews, and feedback.
• Technical Data: Browser information, IP address, and cookies to improve the platform experience.

2. How We Use Your Information

PEVA Solution uses the information collected to:

• Provide and maintain our employee performance evaluation services.
• Improve and optimize the user experience through analytics.
• Communicate updates, support services, and promotional information.

3. Your Privacy Rights (CCPA)

If you are a resident of California, you have the following rights under CCPA:

• Right to Know: You can request information on the personal data we collect about you.
• Right to Delete: You can request the deletion of personal information.
• Right to Opt-Out: You can opt-out of the sale of your personal data, although PEVA Solution does not sell personal information.
• Right to Non-Discrimination: Exercising your rights will not result in any discrimination regarding access to our services.

To exercise your rights, please contact us at Info@pevasolution.com. You may be asked to verify your identity before processing your request.

4. Data Security

We take the security of your data seriously and use encryption and secure servers to protect personal information. Only authorized personnel have access to sensitive data.

5. Third-Party Sharing

We may share personal information with third-party service providers for the sole purpose of supporting our software. This includes hosting services and analytics providers. We ensure all third parties adhere to strict data protection agreements. We do not sell personal data.

6. Data Retention

PEVA Solution retains personal and performance data for as long as necessary to fulfill the purposes outlined in this Privacy Statement or as required by law. Data can be deleted upon request.

7. Cookies and Tracking

PEVA Solution uses cookies and similar technologies to enhance user experience and gather usage analytics. You can manage your cookie preferences through your browser settings.

8. Changes to This Privacy Statement

We may modify this Privacy Statement from time to time. Updates will be posted on our website, and we encourage users to review it periodically.

9. Contact Information

If you have any questions about this Privacy Statement or wish to exercise your rights, please contact us at:
Peva LLP
Info@pevasolution.com