Terms of Service

1. Agreement

These Terms of Service ("Terms") govern access to and use of https://intelliserve.ca, the information published on it, and any Intelliserve software or professional services we provide unless a separate written agreement says otherwise. By using the site or requesting our services, you agree to these Terms.

If you are using the site or our services on behalf of an organisation, you confirm that you have authority to bind that organisation, and "you" includes that organisation.

2. Who we are

Intelliserve is a software business operated by Dwayne Williams from Calgary, Alberta, Canada. We build and supply the Desk suite and related tools for industrial and energy operations and safety. Contact: dwayne@intelliserve.ca.

3. The website

This website describes our business and how to reach us. It is provided for information. Content may change as products develop. Nothing on the site is an offer to sell a specific product at a specific price, professional engineering advice, or a safety certification.

You may view and share pages for ordinary business purposes. You may not scrape the site in a way that burdens our hosting, misrepresent an affiliation with Intelliserve, or use our name, marks, or copy to suggest that we endorse a product or service we have not agreed to endorse.

4. Software and services

Access to Desk products or other Intelliserve software is subject to a licence or subscription agreement, acceptable use rules, and any order form we issue. Until such an agreement is in place, software is not licensed for production use merely because it is mentioned on this site.

Some products are still being prepared for general release. Features, availability, and supported environments may change. We will not treat a public description of work in progress as a warranty that a product is finished, certified, or fit for a particular site.

Professional services — configuration, integration, training, or custom development — are provided only on written terms that set scope, fees, and responsibilities. Unless those terms say otherwise, deliverables remain Intelliserve's intellectual property, and the customer receives a licence to use them for its internal operations.

5. Customer responsibilities

If you use our software or services, you are responsible for:

• the accuracy of information you provide, and for keeping account credentials confidential;
• using the software in accordance with applicable law, including privacy, employment, and occupational health and safety obligations at your sites;
• decisions you make in the field or at the desk, including safety decisions — our software supports work; it does not replace competent supervision or statutory duties;
• obtaining any rights you need in data you upload, and not submitting unlawful, infringing, or harmful content.

6. Acceptable use

You may not use the site or our software to break the law, interfere with other customers, probe or disrupt our systems except with our written permission as part of a coordinated test, or attempt to reverse engineer products except to the extent Canadian law allows you to do so.

7. Intellectual property

The Intelliserve name, the Desk name, this website, and our software, documentation, and designs are owned by Intelliserve or our licensors. These Terms do not transfer ownership. Feedback you send us may be used to improve our products without obligation to you, provided we do not treat your confidential customer data as free feedback.

8. Privacy

Our collection and use of personal information is described in the Privacy Policy, which forms part of these Terms.

9. Disclaimers

The website is provided "as is." To the fullest extent permitted by Alberta and Canadian law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement in relation to the public website and to any software that is not covered by a separate signed agreement.

Operational software can fail. You must maintain your own procedures, backups, and fail-safes appropriate to safety-critical or regulated work. We do not warrant uninterrupted or error-free operation of pre-release products.

10. Limitation of liability

To the fullest extent permitted by law, Intelliserve and Dwayne Williams will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption, arising from the site or from services except as a separate agreement expressly accepts.

For claims that cannot be excluded, our aggregate liability relating to the public website is limited to one hundred Canadian dollars (CAD $100). Liability for paid software or services is as set out in the governing customer agreement, or if that agreement is silent, to the fees you paid us for the service giving rise to the claim in the twelve months before the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or for death or personal injury caused by negligence where such a limit is prohibited.

11. Indemnity

You will indemnify Intelliserve against claims arising from your misuse of the site or software, your breach of these Terms, or data you submit, except to the extent a claim is caused by our own negligence or wilful misconduct.

12. Suspension

We may suspend access to the site or to a service if we reasonably believe it is required to protect the service, other customers, or to comply with law. We will give notice where it is practical to do so.

13. Governing law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The courts of Alberta, sitting in Calgary, have exclusive jurisdiction, except that we may seek injunctive relief in any court for unauthorised use of our intellectual property.

If you are a consumer entitled to mandatory protections in your province that cannot be waived, those protections still apply. Our typical customers are businesses.

14. Changes and contact

We may revise these Terms by posting an updated version on this page. The date above will change. If a change is material and you have a paid agreement with us, that agreement's change process applies to the paid services.

Questions about these Terms: Dwayne Williams, Intelliserve, Calgary, Alberta, Canada — dwayne@intelliserve.ca.