Terms of Service | Hyperweb

Last updated: February 2025

This agreement contains a mandatory arbitration clause and a class action waiver that waives your right to participate in a class action. You must review this document in its entirety, including the dispute resolution section below, before using the platform.

These terms of service govern your subscription to and use of the platform and services. By completing the registration process, creating an account or accessing or using any of the platform and/or services, you represent that (1) you have read, understand, and agree to be bound by these terms of service, (2) you are of legal age to form a binding contract with Hyperweb Communications Inc., (3) the information you provided in connection with your registration for the platform/services is true, accurate and complete, and (4) you have the authority to enter into these terms of service personally or on behalf of the business entity you have named as the user, and to bind that business entity to the agreement.

Once accepted, these terms of service, in combination with our privacy policy, data processing agreement, and affiliate agreement (wherever applicable) (collectively the “terms”), become a binding legal commitment between you (or the business entity that you represent) and Hyperweb Communications Inc., operating as hyperweb.ca.

Hyperweb reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

Hyperweb is only providing the Platform for your business use without any promise of exclusivity. Hyperweb’s customers, users, entrepreneurs, affiliate marketers, experts, and partners are not Hyperweb’s employees, contractors, or representatives. Hyperweb is not responsible for any interactions between you and your customers, other than providing access to the Platform.

1. Use of Platform

1.1 Restrictions

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

1.2 Platform Account Ownership

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession.

1.3 Intended Use

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms and all applicable Canadian federal and provincial laws and regulations. You represent and warrant that:

You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary, including compliance with CASL and PIPEDA;
You are fully responsible for your actions and the actions of your employees, agents, and customers;
You are fully responsible for the use of the Platform by your customers;
You will not misrepresent the Platform or the Services;
You own or control all rights in and to all content you provide to Hyperweb;
You will not reverse engineer, decompile, disassemble or otherwise attempt to uncover the source code;
You will not modify, translate, or create derivative works based on the Platform;
You will not remove any proprietary notices or labels.

1.4 Compliance

You will be solely responsible for your use of the Platform and Services, including:

The quality and integrity of any data and other information made available through the Platform;
Securing and maintaining proper insurance as required under Canadian law;
Compliance with all applicable Canadian federal and provincial laws and regulations including PIPEDA, CASL, provincial privacy laws, and other data privacy laws.

1.5 Privacy

By using the Platform and providing Information on or through the Platform, you consent to Hyperweb’s use and disclosure of the Information in accordance with the Privacy Policy. Our privacy practices comply with PIPEDA and applicable provincial privacy laws.

1.6 Login Credentials

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Hyperweb immediately of any unauthorized access to or use of your Platform Account.

1.7 Use of Communication Services

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including Canada’s Anti-Spam Legislation (CASL).

1.8 Third Party Services

You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. Hyperweb is not responsible for, and hereby disclaims any liability for, any act or omission of any Third-Party Services provider.

1.9 Third Party Content

The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. Hyperweb is not responsible for Third Party Content and makes no endorsements, representations or warranties.

1.10 Excessive Use Restrictions

Hyperweb provides access to the Platform on a tiered-pricing basis, with all fees quoted in Canadian Dollars (CAD). If we determine that your data use is excessive, abusive, or has a negative effect on the Platform, we may:

Require that you upgrade your Services;
Suspend or terminate your use of the Platform or Services;
Reduce the amount of data you are able to use.

1.11 Platform Updates

Hyperweb reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform.

1.12 International Use

The Platform is operated from Canada and is intended for use by Canadian residents and businesses. If you are accessing the Platform from outside Canada, you do so at your own risk and are responsible for compliance with local laws in your jurisdiction.

1.13 Artificial Intelligence Acceptable Use Policy

Before using AI features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage and comply with all applicable Canadian federal and provincial regulations regarding AI use.

1.14 Domain Names

If you use the Platform to purchase a domain name, Hyperweb will purchase it on your behalf and will be the listed registrant. You must use the domain name in compliance with these Terms and applicable Canadian laws and regulations, including CIRA requirements for .ca domains.

1.15 Customer Account Transfer Requests

Hyperweb will not fulfill Sub-Account transfer requests made by your customers unless you have approved the transfer through our in-app transfer request process.

1.16 Security Testing

Hyperweb does not have a bug bounty program. Hyperweb prohibits any third party access to the Platform or any Hyperweb systems or networks, including any network penetration testing, except as expressly permitted by these Terms.

1.17 Certification Program

Hyperweb offers a certification subscription to individual users and enterprise-level customers. Certification badges are unique to the individual who earned the badge and do not constitute Hyperweb’s endorsement.

1.18 Ecommerce Products and Services

You are solely responsible for the Materials that you may sell through the Platform, including compliance with applicable Canadian federal and provincial laws such as:

Consumer Protection Act (Ontario)
Competition Act (Canada)
Electronic Commerce Protection Regulations
Sale of Goods Act
Consumer Packaging and Labelling Act

2. White Labeling and Resale MAP Policy

2.1 Resale Restrictions

When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries in accordance with Canadian consumer protection laws.

2.2 Minimum Advertised Price

If you are authorized to white-label and resell access to the Platform, You cannot advertise access to the Core Platform for an effective price that is less than the Standard Prices offered by Hyperweb. All prices must be displayed in Canadian Dollars (CAD).

2.3 Lifetime Licenses Restriction

Subscription fees for access to the Platform must be charged on a recurring basis. It is a violation of these Terms to resell lifetime access to the Core Platform for a one-time fee unless you have prior written approval from Hyperweb.

2.4 White Label License and Restrictions

Subject to your continued compliance with these Terms and applicable Canadian intellectual property laws, we grant you a limited, non-exclusive, non-transferable and revocable license to use the Platform for re-branding and reselling under your own white-label brand.

3. Payment and Taxes

3.1 Fees and Auto-Renewal

All fees are quoted in Canadian Dollars (CAD) and are subject to applicable taxes. Fees may include subscription fees, communication surcharges, add-on service fees, usage-based fees, applicable GST/HST, and provincial sales tax.

3.2 Tax Obligations

All Fees are exclusive of any applicable taxes unless otherwise stated. You are responsible for GST/HST, provincial sales tax, and any other applicable taxes or government charges.

3.3 Payment Processing

Payment processing is conducted through secure, PCI-compliant payment processors. All payment information must be accurate and complete. Payments will be processed in Canadian Dollars (CAD).

3.4 Late Payments and Payment Disputes

If your payment is declined, we will re-attempt to charge the card on file for 7 business days and may suspend or terminate your account for non-payment. Payment disputes must be notified within thirty (30) days of the invoice date.

4. Intellectual Property Rights

4.1 Platform Content

The Platform and Platform Content are the property of Hyperweb or its licensors and are protected by Canadian intellectual property laws, including the Copyright Act, Trade-marks Act, Industrial Design Act, and Patent Act.

4.2 Hyperweb Marks

Hyperweb’s name, logo, or Marks are trademarks and service marks of Hyperweb and may not be used without advance written permission. Use of these marks is governed by Canadian trademark law.

4.3 User Contributions

User Contributions are considered non-confidential and non-proprietary. You grant Hyperweb the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions for the sole purpose of fulfilling Hyperweb’s obligations under these Terms, subject to Canadian privacy laws.

5. Privacy and Data Protection

5.1 Compliance with Privacy Laws

Hyperweb commits to protecting personal information in accordance with PIPEDA, provincial privacy laws, and Canada’s Anti-Spam Legislation (CASL).

5.2 Data Collection and Use

We collect and use personal information as described in our Privacy Policy. Our practices include obtaining meaningful consent, limiting collection to what is necessary, protecting information with appropriate security safeguards, and providing individuals with access to their personal information.

5.3 Data Storage and Transfer

Personal information collected by Hyperweb is primarily stored on servers located in Canada, protected by appropriate security measures, subject to our data retention policies, and handled in compliance with Canadian data protection requirements.

6. Dispute Resolution

6.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

6.2 Jurisdiction and Venue

Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the courts of the Province of Ontario.

6.3 Alternative Dispute Resolution

Before commencing any legal action, parties agree to attempt to resolve disputes through good faith negotiations, participate in mediation through the ADR Institute of Canada if negotiation fails, and consider arbitration as an alternative to litigation. The arbitration shall be conducted in Ontario, Canada.

7. Disclaimers and Limitations

7.1 General Disclaimers

Hyperweb makes no guarantees that your business will be profitable or that you will make money using the platform or the services. The platform is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied.

This disclaimer is subject to the provisions of the Consumer Protection Act (Ontario) and similar provincial legislation, which may provide you with certain legal rights.

7.2 Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms shall be limited to the amount you paid us for Services during the three (3) month period before the act giving rise to the liability, in Canadian Dollars (CAD).

8. Communications and Notices

8.1 Electronic Communications

In accordance with CASL, all notices to parties shall be in writing and sent via email. Our primary business address is: 2192 Emily Circle, Oakville, ON, Canada, L6M 0E5.

8.2 CASL Compliance

All electronic communications from Hyperweb will include clear identification of the sender, provide a clear unsubscribe mechanism, honor unsubscribe requests within 10 business days, and include our valid physical postal address.

9. Term and Termination

9.1 Duration

These Terms remain in effect while you maintain a Platform Account or use our Services.

9.2 Termination Rights

Hyperweb may terminate or suspend your access to the Platform for breach of these Terms, violation of applicable Canadian laws, non-payment of fees, at our sole discretion, or upon receipt of orders from Canadian law enforcement or regulatory authorities.

9.3 Effect of Termination

Upon termination, all licenses granted herein will immediately terminate, you must cease all use of the Platform, you remain liable for all fees incurred before termination, and you must delete or return all confidential information.

10. Contact Information

All legal notices to Hyperweb must be sent to:

Hyperweb Communications Inc.
2192 Emily Circle
Oakville, ON, Canada
L6M 0E5

For inquiries:

General questions: [email protected]
Technical support: [email protected]
Privacy concerns: [email protected]
CASL compliance: [email protected]

11. Definitions

“Platform” means any Services, Training, content, functionality, communication channels, and software or other services offered through Hyperweb.ca or our mobile applications.
“Services” means the variety of product integrations and services that Hyperweb makes available on the Platform. All fees are quoted in Canadian Dollars (CAD).
“Information” means data about You and Your customers that Hyperweb collects on the Platform, subject to PIPEDA and applicable provincial privacy laws.
“Communication Surcharges” means any applicable communications service or telecommunication provider fees related to your use of the Platform.
“User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform.

Exhibit A: Code of Conduct

The following are considered Prohibited Uses of the Platform and may result in immediate termination:

Legal Compliance

Violation of any Canadian federal or provincial laws
Non-compliance with CASL requirements
Violation of PIPEDA or provincial privacy laws
Violation of Canadian consumer protection laws
Non-compliance with Canadian advertising standards

Content Restrictions

Hate speech as defined by Canadian law
Content that violates Canadian Human Rights legislation
Discriminatory content based on protected grounds under Canadian law
Sexually explicit or violent content
Fraudulent or deceptive content

Security and Technical

Unauthorized penetration testing
Introduction of malicious code
Attempts to compromise Platform security
Excessive use of Platform resources
Unauthorized automated access

Exhibit B: Artificial Intelligence Acceptable Use Policy

Compliance Requirements

Adherence to Canadian AI and automated decision-making regulations
Compliance with Canadian privacy laws regarding AI use
Proper disclosure of AI usage to end users
Ethical AI use guidelines

Prohibited AI Uses

Automated decisions affecting legal rights without human oversight
Discriminatory AI applications
AI-generated content that violates Canadian law
Unauthorized personal data processing through AI

Data Protection Requirements

PIPEDA compliance for AI data processing
Transparency in AI decision-making
Right to human intervention in AI decisions
AI data security requirements

Exhibit C: Electronic Commerce and Signatures

In accordance with Canada’s Electronic Commerce Protection Regulations and Provincial Electronic Commerce Acts:

Electronic Documents and Signatures

These Terms may be executed electronically
Electronic signatures are binding pursuant to PIPEDA
Electronic records of these Terms shall be considered original documents
Parties consent to conducting business electronically

Record Retention

Electronic records will be maintained in accordance with Canadian law
Records will be stored in a manner that preserves their integrity
Records will be accessible for future reference
Retention periods comply with Canadian business record requirements