Terms of Service

1. Acceptance of Terms

By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms apply to all visitors, users, and others who access or use the service. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Sooke Software provides:

• Custom software development services
• Desktop document search applications for Windows 11
• Web application development
• Database management and system integration
• Technical support and maintenance services
• Custom business software applications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice.

3. User Responsibilities

When using our website and services, you agree to:

Acceptable Use

• Provide accurate and complete information when requested
• Use our services only for lawful purposes
• Respect the intellectual property rights of others
• Not attempt to gain unauthorized access to our systems
• Not use automated systems to access our website without permission

Prohibited Activities

You may not use our services to:

• Violate any applicable laws or regulations
• Transmit harmful, threatening, or harassing content
• Distribute malware, viruses, or other malicious code
• Engage in spam or unsolicited communications
• Attempt to reverse engineer our software or services
• Interfere with the proper functioning of our systems

4. Intellectual Property Rights

Our Content

All content on this website, including but not limited to text, graphics, logos, images, software code, and design elements, is the property of Sooke Software or our licensors and is protected by copyright, trademark, and other intellectual property laws.

License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal or business purposes in accordance with these Terms.

Your Content

Any content you submit to us (such as through contact forms or communications) remains your property. However, by submitting content, you grant us a non-exclusive license to use, modify, and display such content for the purpose of providing our services.

5. Service Agreements

Custom Development Projects

Custom software development projects are governed by separate written agreements that include:

• Project scope and specifications
• Timeline and milestones
• Payment terms and conditions
• Intellectual property ownership
• Support and maintenance terms

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

7. Payment Terms

Consulting Services

Payment terms for consulting and development services are specified in individual service agreements. Generally:

• Invoices are due within 30 days of receipt
• Late payments may incur interest charges
• Services may be suspended for overdue accounts
• All consulting services are in USD unless otherwise specified

Refund Policy

Refunds are handled on a case-by-case basis according to the terms specified in individual service agreements. Generally, work completed cannot be refunded, but we will work with clients to resolve any legitimate concerns.

8. Disclaimers and Limitation of Liability

Service Availability

While we strive to maintain high availability, our website and services are provided "as is" without warranties of any kind. We do not guarantee uninterrupted or error-free service.

Limitation of Liability

To the fullest extent permitted by law, Sooke Software shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Damages resulting from third-party actions
• Damages exceeding the amount paid for our services

Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.

9. Indemnification

You agree to indemnify and hold harmless Sooke Software, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit or transmit through our services

10. Termination

Termination by You

You may stop using our services at any time. If you have a paid service agreement, termination terms will be specified in that agreement.

Termination by Us

We reserve the right to suspend or terminate your access to our services at any time for:

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Non-payment of fees
• Any other reason at our sole discretion

Effect of Termination

Upon termination, your right to use our services will cease immediately. We may retain certain information as required by law or for legitimate business purposes.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts in British Columbia, Canada.

If you are accessing our services from outside Canada, you agree to comply with all applicable local laws.

12. Dispute Resolution

Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any disputes through informal negotiation by contacting us directly.

Mediation

If informal resolution is unsuccessful, disputes may be resolved through mediation before a neutral third party agreed upon by both parties.

Arbitration

For disputes involving amounts over $10,000 CAD, you may elect binding arbitration as an alternative to court proceedings, subject to the rules of the British Columbia Arbitration Act.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last updated" date. We will make reasonable efforts to notify users of material changes.

Your continued use of our services after any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you should discontinue use of our services.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Sooke Software regarding your use of our services and supersede all prior agreements and understandings.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

17. Additional Terms for Specific Services

Analytics Services

When we provide analytics services, including data analysis, reporting, and related work, the following terms apply:

• Customer Data Ownership: You retain complete ownership of all data you provide to us. We use your data solely for the purpose of delivering the agreed services.
• Acceptable Use: You agree not to provide data that violates any third-party privacy rights or applicable regulatory laws, and to ensure you have the right to share any data you provide.
• Accuracy and Reliance: Analysis and reports are provided based on the data supplied. You remain solely responsible for verifying the accuracy of any insights before applying them to business decisions.

Website Hosting and Maintenance

If we provide hosting or maintenance services, additional terms may apply regarding uptime, backup procedures, and support response times.

Software Licensing

Custom software developed by Sooke Software may be subject to specific licensing terms as outlined in individual project agreements.

Third-Party Integrations

Our services may integrate with third-party platforms and services. Use of such integrations may be subject to additional terms and conditions from those third parties.