Legal Document
These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Ohminz Automation Inc. (“Company,” “Ohminz,” “we,” “us,” or “our”), a corporation federally incorporated in Canada. These Terms govern your use of the website, applications, and other offerings provided by us, including the PlantCompliance software platform accessible at plantcompliance.ca and other related URLs (the “Service” or “Platform”), including plantcompliance.net, plantcomply.ca, plantcomply.com, and ohminz.ca.
By using the Service or by clicking to accept these Terms, you accept and agree to be bound and comply with these Terms and Conditions and all other terms and policies incorporated herein by reference. If you do not agree to these Terms and Conditions, you must not access, use or make any purchases through the Service.
You may not order or obtain products or services from the Platform if you (A) do not agree to these Terms, (B) are not at least 18 years of age, or (C) are prohibited from accessing or using our Service, or any related Service or content, by applicable law.
By creating an account, accessing the Service, initiating a free trial, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” shall refer to that entity.
When you access our Service, you may be asked to provide certain personal information about you and those who access and use the Service in connection with your purchase of the Service. You represent and warrant that all information you provide to us is current, complete and correct. All the information you provide will be collected and used in accordance with our privacy policy (the “Privacy Policy”), which can be accessed at plantcompliance.ca/privacy.
PlantCompliance is a software platform designed to assist Canadian manufacturing, construction, HVAC, and related businesses in tracking worker certifications, inspection records, expiry dates, and other important information, audit documentation, and related compliance data; however, it is an administrative and organizational tool only. PlantCompliance does not provide legal, regulatory, engineering, accounting, tax, occupational health and safety, or other kinds of professional advice. You are solely responsible for determining the regulatory and compliance requirements associated with your use of the Platform, and the Company does not guarantee that your use of the Platform will automatically result in the satisfaction of the legal and regulatory obligations applicable to your business. Additionally, you represent and warrant that you are permitted to use the Platform and that you will use the Platform in compliance with the laws that apply to you and us.
The information, functionality and third-party links offered through our Service are important to us, but they might not be perfect. Accordingly, we encourage you to use our information and the links we provide, but you do so at your own risk.
Our Service may include content provided by third parties, such as our customers or businesses we work with. We do not take responsibility for the content provided by these third parties, and their contributions may not align with our views. In addition, we cannot guarantee that the information and third-party links are accurate, complete, or useful. Please take precautions when using any content provided by a third party.
Although we make reasonable efforts to update the information on our Service, we make no representations, warranties, or guarantees, whether express or implied, that the content or third-party links provided through our Service are accurate, complete, or up to date, and we assume no liability for the content, links or communications appearing on or provided through our Service.
Your use of our Service is conditional on you using our Service for lawful purposes only and in accordance with these Terms.
You agree that you will not use our Service:
You also agree that you will not:
Your Contributions must not:
When you enter into this Agreement or access and use our Platform, you are responsible for:
The Service may send system-generated email notifications relating to important certification and inspection dates, account activity, billing events and other Service-related reminders or alerts that you may configure or that we are permitted to deliver. Such notifications may be sent to account administrators, your team members or employees and other recipients that you designate within the Platform.
When you configure email notifications in our Service, you are responsible for ensuring that your chosen recipients are authorized to receive the information sent, and you confirm that you have obtained the necessary or otherwise appropriate consent for us to send such email notifications to the designated recipients.
While we make efforts to ensure our Platform is properly operating, email delivery (and other features) nevertheless depends on third-party service providers, and certain spam filtering or inbox rules configured by an intended email recipient can interfere with an email notification’s delivery. Accordingly, we encourage you to monitor the information recorded in our Platform (and their associated deadlines) independently, in addition to the configurations you create on our Platform.
We may, in our sole discretion, offer free trials for certain features or subscription plans. If a free trial is offered, the specific terms and duration will be specified at the time of sign-up.
You may be required to provide valid billing information to initiate a free trial. If you do not cancel your subscription before the end of the trial period, your chosen payment method will be charged the applicable subscription fees upon the expiration of your free trial. Alternatively, if you voluntarily provide a valid payment method and activate a paid subscription during the trial period, you authorize Ohminz Automation Inc. to charge your payment method immediately at the applicable subscription rate.
We reserve the right to modify or cancel free trial offers at any time without notice. Free trials are limited to one per user unless otherwise stated. During a free trial period, we may also limit your access and use of certain features. We also reserve the right to limit, deny, or terminate a trial where we reasonably believe that a person or organization is abusing the free trial program, including by repeatedly creating new accounts to extend free access.
From time to time, we may also offer promotions such as discounts, special offers, contests, or referral programs (“Promotions”), subject to limitations imposed by applicable law. These Promotions may be subject to additional terms and conditions, which will be made available at the time of the Promotion.
We reserve the right to modify, suspend, or terminate any Promotion at any time without prior notice.
Purchases of our Service are governed by the following terms:
We offer different (e.g. monthly or yearly) subscriptions to our Service. When you buy a subscription, you are purchasing our Service for the subscription period you choose. At the end of your subscription period, your subscription will automatically renew on your renewal date unless it’s cancelled. Your “renewal date” is the monthly or annual anniversary (depending on the subscription you choose) of the date you purchase a subscription.
Beginning on the date of your subscription purchase, we will charge the payment method (e.g. your credit card) you provide, and we will continue to charge the payment method you provide on each renewal date until your subscription is cancelled by you or us. By purchasing a subscription to our Service, you authorize us to charge the payment method you provide on the date of your initial purchase and on each subsequent renewal date until your subscription ends.
You may upgrade or downgrade your subscription plan at any time. Please note, however, downgrades may reduce available features, worker limits, or machinery limits effective on the next billing cycle. Additionally, unless applicable law requires otherwise, you will not be refunded for any changes you make to your chosen price after payment is made.
The prices we charge will be the prices in effect at the time a purchase is made, which will be set out in the invoice associated with your purchase. Posted prices do not include taxes or other service charges. All such taxes and charges will be added to your invoice and itemized.
We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, creating inaccuracies related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any purchases relating to such occurrences.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we provide use or access to our Service. All prices, discounts, and promotions associated with our Service are subject to change. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment information and methods provided to us for purchases, and (iii) charges incurred by you will be honoured by you and any relevant third party. Subject to applicable law, any breach of these representations and warranties will result in us (a) terminating your subscription, (b) terminating your access to and use of our Service, and (c) prohibiting you from purchasing future subscriptions or continuing to use your account.
You may cancel your subscription at any time.
If you choose to cancel, your account will remain active for the rest of your purchased subscription period, and your subscription will not be renewed on your next renewal date. For example, if you are a monthly subscriber, your account will remain active for the remainder of the monthly period in which you choose to cancel your subscription. Similarly, if you are an annual subscriber, your account will remain active for the remainder of your current annual subscription period. Regardless of your chosen subscription period, your subscription to our Service will terminate at the end of your current subscription period if you choose to cancel.
If you cancel your account, we do not typically provide refunds for your remaining subscription period. Instead, we provide you with continued access to our Service until your next renewal date. Although we do not usually offer refunds for subscriptions to our Service, we will consider refund requests on a case-by-case basis (unless the law requires otherwise).
While we offer you the ability to cancel your subscription at any time, we may also cancel or suspend your subscription in certain circumstances. For example, we may cancel or suspend any subscription you have purchased if (A) you fail to pay the applicable subscription fees and any applicable taxes in a timely manner; or (B) you violate these Terms or the terms of any other agreement between you and us. If your subscription is terminated by us, you will not be entitled to a refund for any unused portion of your subscription, and we reserve the right to delete your information in accordance with our Privacy Policy.
Ohminz Automation Inc. may offer a referral program allowing existing customers to refer new customers to the Service in exchange for subscription credits. Current program details are available within the Service.
Referral rewards may be issued as subscription credits and have no cash value. Credits cannot be transferred, sold, or redeemed for cash. Rewards are triggered only upon the referred customer’s first successful subscription payment; trial periods do not trigger referral rewards. Each referral relationship is eligible for a single reward event, and subsequent renewals or plan changes by the referred customer do not generate additional rewards.
Please note that self-referrals – i.e. using your own referral code to create a secondary account – are strictly prohibited and may result in forfeiture of rewards and account termination. Referral program abuse, including but not limited to creating fraudulent accounts, automated referral generation, or any conduct intended to artificially inflate referral rewards, will result in immediate account termination without refund.
As between you and Ohminz Automation Inc., you retain ownership of all information, records, files, images, and content you upload to the Service (“Customer Content”), provided that you grant Ohminz Automation Inc. a limited, non-exclusive, royalty-free license to host, copy, transmit, back up, process, and otherwise use Customer Content as reasonably necessary to provide, maintain, secure, and support the Service, and to comply with applicable law.
If you use the Service to store or process information, you are responsible for having a lawful basis to collect, use, and disclose that information, and for providing any notices or obtaining any consents required by law. By using the Service, you represent and warrant that you have obtained all necessary consents and authorizations to store or process such information and for us to collect, process, store, share and use that information in accordance with this Agreement and our Privacy Policy.
The Service includes functions, features, and content that we own or are licensed to us. All of our Service’s functions, features, and content are owned by us, our licensors, or other rightful owners, and all functions, features, and content are protected by copyright, trademark, patent, trade secret, and any other applicable intellectual property laws. No right, title, or interest in the Service or any of its functions, features, or content is transferred to you, and we reserve all rights not expressly granted to you.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property, unless we agree otherwise in writing.
Our trademarks, including the names “PlantCompliance”, “Ohminz Automation” and “Ohminz” and the logos we associate with our Platform, are trademarks of ours. You may not use our trademarks without our prior written consent, nor may you use the names, logos, designs, slogans, or any other sign used as a trademark of ours, our affiliates or our licensors, without the necessary permission to do so.
The Service, including all software, source code, algorithms, user interfaces, design elements, logos, trademarks, documentation, and content created by Ohminz Automation Inc. (excluding Customer Content), is and remains the exclusive property of Ohminz Automation Inc.
Subject to your compliance with these Terms and timely payment of applicable subscription fees, Ohminz Automation Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription. You may not sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Service or any component thereof without the express written consent of Ohminz Automation Inc.
If you provide suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service (“Feedback”), you hereby assign to Ohminz Automation Inc. all right, title, and interest in and to that Feedback, including all intellectual property rights. Ohminz Automation Inc. may use Feedback for any purpose without restriction, compensation, or attribution to you. You represent that any Feedback you provide does not contain confidential information belonging to a third party. To the extent permitted by applicable law, you also waive, and agree not to assert, any moral rights you may have in any Feedback.
These Terms commence on the date you first access the Service and continue until your account is terminated or deleted. You may terminate your account at any time.
Your acceptance of these Terms means we have the right to:
To the maximum extent permitted by applicable law, you waive and hold harmless us and our affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors, from any and all claims resulting from any action taken by us and any of the foregoing parties relating to any investigations by either the Company or such parties or by law enforcement authorities.
To the maximum extent permitted under applicable law, you understand and agree that your use of the Service, its content, and any services or items found or attained through the Service is at your own risk. The Service, its content, and any services or items found or attained through the Service are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You are solely and entirely responsible for your use of the Service and your computer, internet, and data security. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by any technologically harmful attack or material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Service or items found or attained through the Service or on any web services linked thereto. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the fullest extent permitted under applicable law, in no event will the Company be liable under or in connection with this Agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: (a) consequential, incidental, indirect, special, aggravated, punitive, or exemplary damages; (b) increased costs, diminution in value or lost business, production, revenues, or profits; (c) loss of goodwill or reputation; (d) use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security; or (e) cost of replacement goods or services, in each case regardless of whether the Company was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. To the fullest extent permitted under applicable law, in no event will the Company’s liability arising out of or related to this Agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise exceed one (1) times the total amounts paid to the Company under this Agreement in the 3 month period preceding the event giving rise to the claim or $100, whichever is less.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of or relating to any claim in connection with:
These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any action or proceeding arising out of or relating to the Service or these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada (as it operates in that province), and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Ohminz Automation Inc. with respect to the Service and supersede all prior agreements, representations, and understandings.
The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring interpretation against a party drafting an instrument or causing any instrument to be drafted.
Ohminz Automation Inc. reserves the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your account and/or by prominent notice within the Service no less than thirty (30) days prior to the effective date of the change, unless a shorter period is required by law or necessary to address security, legal, or operational issues. Continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cancel your subscription before the effective date.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect. Any right or obligation of the parties to this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.
The failure of Ohminz Automation Inc. to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Ohminz Automation Inc. Ohminz Automation Inc. may assign these Terms, in whole or in part, to a successor entity in connection with a merger, acquisition, reorganization, or sale of assets, with notice to affected customers. Any assignment in violation of this term is null and void.
Ohminz Automation Inc. shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure results from causes beyond its reasonable control, including but not limited to natural disasters, government actions, internet infrastructure failures, cyberattacks, pandemics, labour disruptions, or third-party service provider outages.
For questions, support, or notices under these Terms, please contact: