Terms of Service

• 1.1. Minimum Age -You must have the authority to enter into these Terms and comply with all applicable laws. Additional requirements may apply based on your community’s policies.
• 1.2. Account Accuracy - You agree to provide accurate, current, and complete information during registration and to keep this information up to date.
• 1.3. Security - You are responsible for maintaining the confidentiality of your login credentials and any activity under your account, and we will not be liable for any.

• 2.1. sitemap.xml provides:
  • •General communication tools;
  • •Regular software updates and feature improvements;
  • •Emergency alerts and notifications ("Alerts");
  • •Optional non-emergency notifications (e.g., updates, reminders, service messages);
• 2.2. While we strive to provide timely and accurate Alerts, we cannot guarantee uninterrupted or error-free delivery of notifications
• 2.3. The Services are not a substitute for official emergency services such as dialing 911 or your local emergency number. You should always contact local authorities in the event of an emergency.

• 3.1. Opt-In / Opt-Out -You may opt in or opt out of receiving notifications and Alerts at any time using your device or the App’s settings. Some notifications are optional, but certain service-related notices may be required.
• 3.2. Delivery Methods -Notifications may be delivered through in-App messages, push notifications, SMS, phone calls, or emails.
• 3.3. Third-Party Providers -We may use trusted third-party service providers (such as SMS gateways, telecommunication carriers, or cloud services) to deliver notifications.
• 3.4. Potential Fees -Your mobile or internet provider may charge fees for SMS, calls, or data usage. These costs are your responsibility.

By using these Services, you agree to:

• •Use the App and the Services only for lawful and intended purposes;
• •Not attempt to damage, hack, overload, or disrupt the App or the Services;
• •Keep your device and the app software up to date to ensure best performance;
• •Understand that Alerts are informational only and should not be relied upon solely for your safety or decision-making; and
• •Comply with all applicable federal, provincial local and international laws and regulations in your use of the Services.

• •The Services may allow users or third parties to post, transmit, or share content, including messages, alerts, or other information (“User Content”).
• •Legal Compliance: All User Content must comply with all applicable federal, provincial local and international laws, regulations, and community standards. This includes, but is not limited to, laws relating to intellectual property, privacy, defamation, harassment, hate speech, obscenity, fraud, and security.
• •None of the User Content you submit to the App will be subject to any confidentiality by the Company. By providing any User Content to the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
• •You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
• •You are solely responsible for the content you create, share, or transmit through the Services, and you agree that you may use the Services and the App only for lawful purposes and in accordance with these Terms.
• •You agree not to post, upload, or share any content that is unlawful, harmful, abusive, threatening, defamatory, harassing, obscene, infringing, misleading, or otherwise objectionable.
• •We do not control, endorse, or guarantee the accuracy, quality, or reliability of User Content.
• •
  We are not responsible for:

  • Errors, omissions, or misleading information in User Content;
  • Offensive, harmful, unlawful, or inappropriate material in User Content; or
  • Any damages or losses resulting from your reliance on User Content.
• •
  sitemap.xml has the right, without provision of notice to:

  • Remove or refuse to post on the App any User Content for any or no reason in our sole discretion;
  • At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms;
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App; and
  • Terminate or suspend your access to all or part of the App for any or no reason, including, without limitation, any violation of these Terms.

• 6.1. Standard Data Collection - We collect standard technical and user data required for App operation and improvement, including:
  • •Contact information (e.g., phone number, email address, username);
  • •Device identifiers and performance data;
  • •App usage statistics (e.g., features used, crash reports).
• 6.2. No Location Tracking - The app does not collect or track your location data
• 6.3. No Resale of Data - We do not sell, rent, or trade your personal data to third parties.
• 6.4. Permitted Use of Data - Data may be used to:
  • •Deliver and improve Services;
  • •Authenticate users;
  • •Provide Alerts and notifications;
  • •Enhance app performance, security, and reliability.
  • •For analytics purposes, such as understanding usage patterns, improving features, and measuring app performance;
• 6.5. Service Providers - We may share limited data with trusted third-party providers who assist us in delivering the Services. These providers are bound by confidentiality obligations.
• 6.6. Privacy Policy - For further information with respect to our data collection and retention practices, please refer to our Privacy Policy, which you agree to by your use of the Services.

• 7.1. Alerts are provided “as is” and “as available.” We make no guarantees as to their accuracy, completeness, reliability, or timeliness
• 7.2. Alerts may fail, be delayed, or be inaccurate due to:
  • •Technical issues, server downtime, or outages;
  • •Network or device incompatibility;
  • •User settings, permissions, or connectivity issues;
  • •Acts of God; or
  • •Third-party system failures outside our control.
• 7.3. You are solely responsible for monitoring official emergency sources and following instructions from authorities.

YOU AGREE TO WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL AIVIA INC., ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO direct, indirect, special, consequential, incidental, punitive or otherwise. AIVIA INC., ITS OFFICERS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. AIVIA INC. HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. This ENTIRE limitation shall apply even if AIVIA INC., ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES WERE informed of the possible occurrence of the abovementioned damages. AIVIA INC.’S MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. This limitation is an essential element of the agreement between Aivia Inc. and you, and you expressly agree that your use of the Services is at your sole risk

• 9.1. The Services are provided without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement
• 9.2. We do not warrant that the App or the Services will be uninterrupted, error-free, or secure

• 10.1. We may, from time to time, release updates, enhancements, or new features for the Services. You should install updates promptly to ensure the best performance and security.
• 10.2. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

You agree to indemnify, defend, and hold harmless the developers, owners, affiliates, employees, and partners of COMMUNIKIT and Aivia Inc. from and against any claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising from:

• •Your misuse of the Services;
• •Your violation of these Terms; or
• •Your violation of any applicable federal, provincial local and international laws or regulations.

We may suspend or terminate your access to the Services, at our sole discretion and without prior notice, if you violate any part of these Terms or engage in any conduct that could be deemed harmful to the App, the Company or any other users of the Services.

These Terms shall be governed by and construed under the laws of the Province of Alberta, Canada without regard to conflict of law principles and, in the event of any dispute of any sort that might arise between you and the Company or its associates, you hereby irrevocably attorn to the jurisdiction of the courts of Edmonton, Alberta for the resolution of such dispute

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect

These Terms, together with the Privacy Policy, constitute the entire agreement between you and COMMUNIKIT and supersede all prior agreements, communications, or understandings.

If you have any questions about these Terms or the Services, you may contact us at: support@aivia.ca