Terms and Conditions for CapiTrak

Effective Date: May 1, 2025

These Terms and Conditions ("Terms") govern your access to and use of CapiTrak ("the Service"), a Software as a Service (SaaS) product provided by IQdigitec, Inc ("we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

1. Service Overview

CapiTrak is a subscription-based software platform that provides financial tracking and analysis tools for businesses.

2. Account Registration

You must create an account to access and use CapiTrak.
You are responsible for maintaining the confidentiality of your login credentials and any activities under your account.
You agree to provide accurate and up-to-date information during the registration process and to promptly update any information that changes.

3. Subscription and Billing

CapiTrak is offered on a monthly subscription basis, billed in advance.
By subscribing, you authorize us to charge your payment method on file automatically for each monthly billing cycle.
No refunds, partial or prorated, will be issued for unused time, mid-cycle cancellations, or downgrades.
Subscription fees are subject to change with prior notice. Continued use of the Service after such notice constitutes your acceptance of the new pricing.

4. Cancellation Policy

You may cancel your subscription at any time via your CapiTrak account settings or by contacting our customer support team.
Cancellation will stop future billing, but you will not receive a prorated refund for the remainder of the current billing cycle.
Upon cancellation, you will retain access to CapiTrak until the end of the paid billing term.

5. Use of the Service

You agree to use CapiTrak solely for lawful purposes and in accordance with these Terms.
Any misuse of the Service, including but not limited to unauthorized access, data scraping, or disruptive activities, may result in immediate suspension or termination of your account, without refund.
You retain ownership of any data you upload or input into CapiTrak. By using the Service, you grant us the right to process and store your data as necessary to provide the Service.

6. Availability and Modifications

We aim to provide continuous access to CapiTrak, but cannot guarantee uninterrupted availability due to potential maintenance or unforeseen circumstances.
We reserve the right to modify, update, or discontinue any features of CapiTrak at any time, with or without notice.
Significant changes to the Service will be communicated to you in advance.

7. Data and Privacy

At CapiTrak, we take your privacy seriously. This section explains how we collect, use, disclose, and safeguard your personal information in compliance with Canadian laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and other applicable federal and provincial privacy regulations.

7.1. Information We Collect

We may collect and process the following types of personal information:

Account Information: When you create an account, we collect personal details such as your name, email address, company name, billing information, and any other details you provide during registration.
Usage Data: We automatically collect certain technical information when you access and use CapiTrak, such as your IP address, browser type, device information, operating system, and usage data to improve our services and troubleshoot issues.
Payment Information: We collect billing information (such as credit card numbers) to process payments for the subscription. This information is processed securely and is handled by our payment processors, who adhere to industry-standard security practices.
Customer Support Information: If you contact our support team, we may collect information necessary to resolve your inquiry or issue, such as your account details and the nature of the issue.

7.2. How We Use Your Information

We use the personal information we collect for the following purposes:

To Provide and Improve the Service: Your data allows us to provide you with access to CapiTrak, maintain and improve its functionality, and personalize your experience.
To Process Transactions: We use your payment details to process subscription fees and handle billing-related matters.
To Communicate with You: We may send you account-related notifications, updates about our services, and marketing communications if you have opted in to receive them. You can opt out of marketing communications at any time.
For Legal Compliance and Security: We may use your data to comply with legal obligations, respond to legal requests, protect our rights, and detect and prevent fraud.

7.3. How We Share Your Information

We will never sell or rent your personal information to third parties. However, we may share your personal information in the following limited circumstances:

With Service Providers: We may share your information with trusted third-party service providers that assist us in operating the Service, such as payment processors, email delivery services, and data storage providers. These providers are obligated to handle your data in accordance with applicable privacy laws and our instructions.
For Legal Compliance: We may disclose your information if required to do so by law or in response to valid legal requests (e.g., subpoenas, court orders, or government inquiries).
In the Event of a Business Transfer: In the event that CapiTrak is involved in a merger, acquisition, or asset sale, your personal information may be transferred as part of that transaction. We will notify you via email or through a prominent notice on our website if such a change occurs.

7.4. Data Security

We take the security of your personal information seriously and implement industry-standard measures to protect it, including:

Encryption: We use encryption (e.g., SSL/TLS) to protect your data during transmission.
Access Control: We limit access to your personal information to only those employees or contractors who need it to perform their duties.
Data Backup and Recovery: We employ regular backups to safeguard your data.

Despite our best efforts, no security system is entirely impenetrable. We cannot guarantee absolute security, but we will take all reasonable steps to protect your personal information.

7.5. Retention of Personal Information

We retain your personal information for as long as it is necessary for the purposes outlined in these Terms or as required by law. If you cancel your account, we may retain certain information for a period of time to comply with legal obligations, resolve disputes, and enforce agreements.

7.6. Your Rights and Choices

Under Canadian privacy laws, you have the following rights concerning your personal information:

Access to Your Data: You have the right to request access to the personal information we hold about you. You may contact us to request a copy of your data or to request that we correct any inaccuracies.
Data Portability: You have the right to request a copy of your data in a structured, commonly used, and machine-readable format.
Withdraw Consent: You can withdraw your consent to the collection, use, or disclosure of your personal information at any time, subject to legal or contractual restrictions. Please note that withdrawing consent may affect your ability to use certain features of the Service.
Request Deletion: You may request that we delete your personal information, subject to certain exceptions (e.g., if retention is required for legal compliance).
Opt-Out of Marketing: You can opt out of receiving marketing communications from us by following the unsubscribe instructions in each email or by contacting us directly.

To exercise any of these rights, please contact us using the information provided in the "Contact Information" section below.

7.7. Cross-Border Data Transfers

As a Canadian-based service, we primarily store and process your personal information within Canada. However, in some cases, your data may be transferred to and processed by service providers located outside of Canada. If your data is transferred internationally, we will ensure that appropriate safeguards are in place to protect your personal information in accordance with Canadian privacy laws.

7.8. Compliance with Canadian Privacy Laws

We are committed to adhering to all applicable Canadian privacy laws and regulations, including PIPEDA (Personal Information Protection and Electronic Documents Act). PIPEDA grants you the right to file a complaint with the Office of the Privacy Commissioner of Canada if you believe that your privacy rights have been violated.

8. Limitation of Liability

CapiTrak is provided “as is” and “as available”.
To the fullest extent permitted by law, we disclaim all warranties and will not be liable for any indirect, incidental, or consequential damages arising from your use of the Service.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of Canada. Any disputes arising out of or in connection with these Terms shall be resolved in the courts located in Manitoba, Canada.

10. Contact Information

For any questions or concerns regarding these Terms or the Service, please contact us at: info@capitrak.com