Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Intelense platform, products, and services provided by Intelense Inc. By creating an account, signing an Order Form, or using any Intelense Service, you confirm that you have read, understood, and agree to these Terms. If you are accepting on behalf of a company or legal entity, you represent that you have the authority to bind that entity.

Services

Intelense provides AI-powered software products including KenVision, KenSafety, KenHome, KenAgri, KenIoT, and KenRobotics (collectively, the "Ken Ecosystem"). The specific features, usage limits, and support levels applicable to your subscription are set out in your Order Form or Service Agreement.

Accounts and Access

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised access or security breach. Intelense is not liable for any loss arising from unauthorised use of your account.

Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of applicable laws or regulations
• Use the Services to surveil individuals without their knowledge in jurisdictions where such surveillance is prohibited
• Attempt to reverse-engineer, decompile, or extract source code from our AI models or software
• Resell, sublicense, or provide access to the Services to third parties without Intelense's written consent
• Introduce malware, viruses, or other harmful code into our systems
• Use the Services in any way that could harm, disable, or impair our infrastructure

Intellectual Property

Intelense and its licensors retain all rights, title, and interest in the Services, including all AI models, algorithms, software, documentation, and branding. These Terms do not grant you any intellectual property rights except the limited right to use the Services as described herein.

You retain ownership of all data, content, and information you provide to us or generate through use of the Services ("Customer Data"). You grant Intelense a limited licence to use Customer Data solely to provide and improve the Services.

Data and Privacy

Intelense processes data in accordance with our Privacy Policy and any applicable Data Processing Agreement ("DPA"). For enterprise customers, a DPA is available upon request and governs Intelense's handling of personal data processed on your behalf.

Service Availability

Intelense targets 99.9% uptime for cloud-hosted Services, as measured monthly. We will use commercially reasonable efforts to provide advance notice of scheduled maintenance. Service Level Agreements with specific uptime guarantees and remedies are set out in your Service Agreement.

Fees and Payment

Fees for the Services are specified in your Order Form. All fees are non-refundable except as expressly stated in these Terms or required by law. We reserve the right to suspend access to the Services if invoices remain unpaid for more than 30 days after the due date.

Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation survives termination of these Terms for a period of three years.

Warranties and Disclaimers

Intelense warrants that the Services will perform materially in accordance with applicable documentation. To the maximum extent permitted by law, Intelense disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, Intelense's total liability arising out of or related to these Terms shall not exceed the fees paid by you in the twelve months preceding the claim. In no event shall Intelense be liable for indirect, incidental, special, or consequential damages.

Termination

Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure the breach within 30 days of notice. Upon termination, your access to the Services will cease, and each party shall return or delete the other's confidential information.

Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

Changes to Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes via email or in-product notification. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.