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Terms of Service

AiCluV – Terms of Service (Canada)

Last Updated: January 2026

THESE TERMS OF SERVICE (“TERMS”) FORM A LEGAL AGREEMENT BETWEEN YOU AND PETAWISE TECHNOLOGIES INC., OPERATING THE AiCluV CLOUD VIDEO AND AI ANALYTICS PLATFORM (“AICLUV”, “WE”, “US”, OR “OUR”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF OUR SOFTWARE-AS-A-SERVICE PLATFORM, MOBILE APPLICATIONS, VIDEO MANAGEMENT PORTALS, AND RELATED ONLINE SERVICES (COLLECTIVELY, THE “SAAS SERVICES”).

BY CREATING AN ACCOUNT OR USING THE SAAS SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SAAS SERVICES.

If you are using the SaaS Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, “you” refers to the organization.

You may be accessing the SaaS Services as:

  • End Customer – A business or individual using AiCluV cloud video and AI services.
  • Authorized Dealer / Reseller – A Petawise-approved partner selling, deploying, or managing AiCluV services.
  • Delegated User – An individual granted access by an End Customer or Dealer to view or manage certain data or notifications.

1. General Use

Subject to your compliance with these Terms, AiCluV grants you a revocable, non-exclusive, non-transferable licence to access and use the SaaS Services for your internal business purposes during your subscription term.

All rights not expressly granted to you are reserved by AiCluV.

2. Account Registration and Security

To access the SaaS Services, you must create an account and provide accurate, current, and complete information. You are responsible for:

  • Keeping your login credentials confidential
  • All activity occurring under your account
  • Notifying AiCluV immediately if you suspect unauthorized access

AiCluV is not responsible for losses arising from unauthorized account use.

3. Your Responsibilities

You agree not to:

  1. Reverse engineer, decompile, disassemble, or attempt to derive source code from the SaaS Services.
  2. Modify, copy, translate, or create derivative works.
  3. Sell, lease, sublicense, or transfer your access rights.
  4. Use the SaaS Services for timesharing or service bureau purposes.
  5. Remove or alter copyright notices or proprietary labels.
  6. Use the platform in violation of Canadian privacy, data protection, recording, or consent laws.
  7. Interfere with system security, load, integrity, or performance.
  8. Attempt to gain unauthorized access to systems or data.

You are fully responsible for all data, images, videos, audio, analytics outputs, or other content that you upload or store (“Customer Data”). You confirm that:

  • You have obtained all necessary consents, permissions, and notices required under applicable laws, including PIPEDA and provincial privacy acts.
  • You will not upload content that infringes third-party intellectual property or privacy rights.
  • You will comply with obligations where AI analytics (e.g., face matching, vehicle recognition, or behavioural metadata) are used.

4. Canadian Compliance, Data Residency, and Export Controls

4.1 Canadian Privacy Laws

You acknowledge and agree that your use of the SaaS Services must comply with:

  • PIPEDA (Personal Information Protection and Electronic Documents Act)
  • Applicable provincial privacy laws (e.g., Quebec Law 25, Alberta PIPA, BC PIPA)
  • Canadian criminal code requirements relating to audio/video recording
  • Applicable surveillance and workplace privacy regulations

4.2 Data Residency

AiCluV may host or process data within Canada or other permitted jurisdictions, using providers that meet industry security standards. AiCluV will inform partners if data residency requirements apply to the subscription tier purchased.

4.3 Export Controls

You agree that you will not use the SaaS Services in violation of Canadian export or sanctions laws.

5. Suspension and Termination of Use

AiCluV may temporarily disable or permanently terminate access if:

  • You breach these Terms
  • Your use threatens system security
  • Required by legal or regulatory authorities
  • Payment failures not remedied within permitted grace periods

AiCluV may delete Customer Data following termination after the required 30-day retention window.

6. Fees and Payments

Fees for Paid Services must be paid to AiCluV or an Authorized Dealer in accordance with the applicable order form.

  • Fees are non-refundable, unless required by Canadian consumer protection law.
  • Unpaid amounts may accrue interest at 1.5% per month (or the maximum permitted).
  • AiCluV may suspend access if payments remain overdue for 10 days.
  • Taxes (GST/HST/PST/QST) will be added where required.

License transfers for devices may occur once within the first 30 days of activation.

7. Intellectual Property

All intellectual property in the SaaS Services belongs to AiCluV or its licensors. You receive no ownership rights.

Feedback

Any suggestions, improvements, or ideas you submit may be used by AiCluV without restriction.

Use of Customer Data

You grant AiCluV a licence to use Customer Data solely:

  • To operate and provide the SaaS Services
  • To maintain security and system performance
  • To generate anonymized or aggregate analytics

Anonymized data is not considered personal information once de-identified under Canadian law.

8. Automatic Software Updates

The SaaS Services and AiCluV-connected devices may receive automatic updates. By using the SaaS Services, you consent to these updates.

9. Warranties (Canadian Version)

AiCluV warrants that:

  • Paid Services will operate substantially as described in product documentation
  • Services will be provided with reasonable technical skill and care
  • AiCluV will take commercially reasonable steps to prevent malware transmission

AiCluV does not warrant uninterrupted operation or that all defects will be corrected.

All implied warranties are disclaimed to the fullest extent permitted by Canadian law.

10. Indemnification

You agree to indemnify AiCluV against claims arising from:

  • Your misuse of the SaaS Services
  • Your breach of these Terms
  • Your failure to obtain proper consent for video or audio collection
  • Your violation of Canadian privacy or data protection laws

11. Limitation of Liability

To the maximum extent permitted by Canadian law:

  • AiCluV is not liable for indirect or consequential damages.
  • AiCluV’s total liability for Paid Services is limited to the fees paid in the 12 months preceding the claim.

These limits do not apply to gross negligence, intentional misconduct, or liability that cannot legally be excluded.

12. Changes to the Terms

AiCluV may update these Terms by posting a revised version. If changes materially reduce your rights during an active subscription, they will not apply until renewal.

13. Termination, Auto-Renewal & Data Retrieval

  • Free accounts may be terminated at any time.
  • Paid Services renew automatically unless cancelled 30 days before renewal.
  • Upon termination, AiCluV will retain Customer Data for 30 days for export.
  • After 30 days, data may be deleted permanently.

14. Mobile Applications

You may install the AiCluV mobile app on a compatible device. Standard data charges apply.

App Store or Google Play terms apply depending on platform.

15. Governing Law (Canada)

These Terms are governed by the laws of:

Province of Ontario and applicable federal laws of Canada.

Any disputes will be resolved in the courts of Ontario.