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Terms and Conditions for 10520136 Canada Ltd. Operating as Vergo
 

Welcome to Vergo! We are excited to have you as a customer and to provide you with our technology-based solutions for reducing musculoskeletal injuries in the workplace. By using our services, you agree to these terms and conditions, so please read them carefully.
 

1. Services
   Our product uses a combination of computer vision and data analysis to measure high-risk posture movements in the workplace. Our online dashboard provides visual data and insights that can be used to help you implement controls that keep your workforce safe. We provide these services to you subject to these terms and conditions.
    

2. Privacy Policy
   We are committed to protecting your privacy. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. By using our services, you consent to our collection and use of your information as described in the Privacy Policy.
    

3. User Account
   You may be required to create an account to use our services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
    

4. Payment
   Our services are offered on a subscription basis. Payment is due on a monthly or annual basis, depending on the subscription plan you choose. We use a third-party payment processor to bill you for the services. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these terms and conditions. We are not responsible for errors or issues that may arise from the use of the payment processor.
    

5. Use of Services
   You agree to use our services only for purposes that are permitted by these terms and conditions, any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access or attempt to access our services through any means other than the interface we provide or to engage in any activity that interferes with or disrupts our services.
    

6. Intellectual Property Rights
   Our services, including all text, graphics, logos, images, software, and other content, are protected by Canadian and international copyright laws and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, or services obtained from our services.
    

7. Disclaimer of Warranties
   Our services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our services or the information, content, materials, or products included or offered through our services. You expressly agree that your use of our services is at your sole risk.
    

8. Limitation of Liability
   In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our services or any information, content, materials, or products included or offered through our services. Our liability for any claim arising out of these terms and conditions shall be limited to the amount paid by you for the services during the previous month.
    

9. Indemnification
   You agree to indemnify and hold us, our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms and conditions or your violation of any law or the rights of a third party.
    

10. Changes to Terms and Conditions
    We reserve the right to modify these terms and conditions at any time, without prior notice to you. It is your responsibility to review these terms and conditions periodically for changes. Your continued use of our services after the posting of changes constitutes your binding acceptance of such changes.
     

11. Termination
    We reserve the right to terminate your use of our services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
     

12. Governing Law
    These terms and conditions shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without giving effect to any principles of conflicts of law.
     

13. Dispute Resolution
    Any dispute arising from or relating to these terms and conditions shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall be conducted in Toronto, Ontario, Canada. Each party shall bear its own costs and expenses associated with the arbitration.
     

14. Entire Agreement
    These terms and conditions constitute the entire agreement between you and 10520136 Canada Ltd. operating as Vergo and supersede all prior agreements or understandings, whether written or oral, regarding the subject matter of these terms and conditions.
     

If you have any questions about these terms and conditions, please contact us at hello@vergo.ai. Thank you for using Vergo!