Terms of Service

Agreement

These Terms of Service ("Terms") govern your access to and use of the website baciinc.com and all software products provided by Burlington Advanced Computing Innovations Inc. ("BACI", "we", "our", or "us"), including Case Relay.

By accessing baciinc.com or installing or using any BACI product, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, do not use our website or products.

Use of the service

BACI grants you a limited, non-exclusive, non-transferable licence to access and use our products in accordance with these Terms and the pricing plan applicable to your subscription.

Our products are designed for business use. You may not use our products for any unlawful purpose or in any way that violates these Terms.

Accounts and access

Access to BACI products is managed through the Salesforce AppExchange and your Salesforce org. You are responsible for maintaining the security of your Salesforce environment and for all activity that occurs within your org in connection with BACI products.

You are responsible for ensuring that your use of BACI products complies with your organisation's Salesforce licence agreement and any applicable Salesforce policies.

Trial and pricing

Trial and pricing details will be available when Case Relay launches on AgentExchange. BACI reserves the right to modify trial and pricing terms at any time prior to launch.

Billing and payment

BACI products are billed on a monthly or annual basis depending on the plan you select. All prices are in United States Dollars (USD) unless otherwise stated.

Billing is handled through the Salesforce AppExchange billing system. By subscribing to a paid plan, you authorise BACI to charge your payment method through the AppExchange on a recurring basis at the applicable plan rate.

Pricing details will be available at launch on AgentExchange. Pricing applies per Salesforce org installation.

BACI reserves the right to change pricing with 30 days notice to existing subscribers. Price changes will not affect your current billing period.

Cancellation

You may cancel your subscription at any time from within the product. Cancellation takes effect at the end of your current billing period. You will retain access to the product until that date.

BACI does not offer refunds for partial billing periods or for annual subscriptions cancelled before the end of the subscription year, except where required by applicable law.

BACI reserves the right to suspend or terminate your access to our products if you breach these Terms or if your payment fails and is not resolved within a reasonable period.

Acceptable use

You agree not to:

Intellectual property

All BACI products, including Case Relay, and all associated software, documentation, designs, and content are the intellectual property of Burlington Advanced Computing Innovations Inc. and are protected by applicable copyright, trademark, and other intellectual property laws.

These Terms do not grant you any ownership rights in our products. Your subscription grants you a limited licence to use the product as described in these Terms.

Your Salesforce data, Case records, and any data processed by BACI products within your org remain your property at all times. BACI does not claim any ownership over your data.

Disclaimers

BACI products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

BACI does not warrant that our products will be uninterrupted, error-free, or free of harmful components. We do not warrant that any defects will be corrected on any particular timeline.

BACI products operate within your Salesforce org and depend on the availability and functionality of the Salesforce platform. BACI is not responsible for any interruptions to service caused by Salesforce or any third-party platform.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR PRODUCTS OR THESE TERMS, EVEN IF BACI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BACI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BACI IN THE TWELVE MONTHS PRECEDING THE CLAIM.

The limitations above reflect a fair allocation of risk between the parties. BACI would not have entered into these Terms without these limitations, and these limitations will apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

Indemnification

You agree to indemnify, defend, and hold harmless BACI and its officers, directors, employees, and agents from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

BACI reserves the right to assume exclusive control of any matter subject to indemnification at your expense. You may not settle any claim that imposes obligations on BACI without our prior written consent.

Force majeure

BACI shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, government action, internet or telecommunications infrastructure failures, power outages, or the unavailability or degradation of the Salesforce platform or AppExchange.

In the event of a force majeure, BACI will use reasonable efforts to notify affected customers and resume normal service as quickly as practicable.

Dispute resolution

Before initiating any formal legal proceeding, you agree to first contact BACI through our Contact page and provide written notice of the dispute. The parties will attempt to resolve the dispute informally for a period of 30 days from the date of written notice.

If the dispute is not resolved informally, both parties agree to submit to binding arbitration administered in the Province of Ontario in accordance with the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in English by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

Feedback

If you provide BACI with suggestions, ideas, enhancement requests, recommendations, or other feedback relating to our products or services ("Feedback"), you hereby assign to BACI all right, title, and interest in and to that Feedback. BACI may use Feedback for any purpose without restriction or compensation to you. You represent that any Feedback you provide does not contain confidential or proprietary information belonging to any third party.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of BACI. Any purported assignment without consent is null and void.

BACI may assign these Terms or any rights hereunder without your consent in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of BACI's assets. In such event, BACI will provide reasonable notice and your continued use of our products will constitute acceptance of the assignment.

AppExchange and Salesforce

BACI products are distributed through the Salesforce AppExchange. Payment processing, billing, and subscription management for BACI products are handled through Salesforce's AppExchange billing infrastructure. By subscribing to a BACI product, you agree that Salesforce's applicable terms govern the payment transaction, and that in the event of any conflict between these Terms and Salesforce's billing terms, Salesforce's terms govern solely with respect to the payment transaction.

BACI is an independent software vendor and is not affiliated with, endorsed by, or sponsored by Salesforce.com, Inc. Salesforce, AppExchange, Experience Cloud, Service Cloud, and related marks are trademarks of Salesforce.com, Inc.

General provisions

Entire agreement

These Terms, together with any pricing schedule and any other policies referenced herein, constitute the entire agreement between you and BACI with respect to our products and supersede all prior agreements, representations, and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

Waiver

BACI's failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of BACI to be effective.

No agency

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and BACI. You have no authority to make or accept any offers or representations on BACI's behalf.

Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

Changes to these Terms

BACI reserves the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page. We may also notify existing subscribers by email where required.

Continued use of our products after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using our products and cancel your subscription.

Contact

If you have questions about these Terms, please contact us through our Contact page.

Burlington Advanced Computing Innovations Inc.
Burlington, Ontario, Canada