SureSend Inc. Subscription Terms

These Subscription Terms, together with any Enterprise Terms and any jurisdiction‑specific supplemental terms expressly incorporated herein form a part of and are incorporated into the Terms of Use (collectively the “Terms”) on the SureSend Website at https://app.suresend.ca (the “Website”) and shall prevail in the event of any conflict or inconsistency with the pre-existing Terms of Use, any other terms, correspondence, order form, platform terms, or negotiations, unless expressly agreed in writing and signed by the parties…

The SureSend encryption application (the “Application”) to which you have subscribed, and related services are licensed, not sold. Subject to these Subscription Terms and payment of all applicable fees, SureSend grants you a limited, non‑exclusive, non‑transferable, revocable licence to access and use the Application during the applicable subscription term, solely for your internal business or personal use and in accordance with these Terms.

The Application is provided solely as a hosted software service. No ownership interest, title, or software copy is transferred to you. All rights not expressly granted are reserved by SureSend.

Upon expiry of any free trial period may be offered at SureSend’s discretion, continued access requires payment of applicable subscription fees, billed in advance on a recurring basis. You agree to pay all fees associated with your subscription as disclosed at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law. SureSend may suspend or terminate access for non‑payment of full subscription fees when due or for non-compliance with the Terms.

When you subscribe to use the Application, you must provide and maintain a valid payment method (such as a credit or debit card, or other means permitted by SureSend). By providing a payment method, you (i) represent that you are authorized to use it; (ii) authorize SureSend (and its payment processors) to charge such payment method for all subscription fees, taxes, and other applicable charges in accordance with these Terms; and (iii) agree that such charges may be billed in advance or on a recurring basis in the billing cycle corresponding to your subscription plan. You further agree to promptly update your payment method in your account on the Website if it expires or if there are changes to your billing information. If SureSend cannot successfully charge your payment method, we may suspend or terminate your access to the Service. You are also responsible for all applicable taxes, duties, and levies on subscription charges, which shall be paid through the selected payment method.

Unless otherwise specified at the time of purchase, subscriptions to the Application are offered on the periodic basis specified in the Subscription and are billed in advance. Periodic subscriptions automatically renew for successive same billing periods unless cancelled prior to the end of the then-current billing period by sending SureSend a cancellation notice on your account through the Website. Unless otherwise stated at the time of purchase, subscriptions renew automatically on the same day of each month as the original purchase date.

You may cancel your subscription in accordance with the cancellation process made available through the Service. Cancellation will take effect at the end of the then-current subscription term.

Upon cancellation or termination of your subscription for any reason, your access to the Application and associated features will cease at the end of the then-current subscription term or immediately where termination is for cause. You acknowledge and agree that you are solely responsible for exporting or retrieving any User Content prior to termination. Except as required by applicable law, SureSend has no obligation to retain, return, or provide access to User Content following termination and may delete or permanently remove User Content in accordance with its data retention practices.

If the “Enterprise Licensee” is selected in the subscription by an authorized representative of the licensee, then the licensee is deemed an “Enterprise Licensee” and the Enterprise Terms set out below apply. If that selection is not made, the licensee is deemed a consumer or non‑enterprise user, and the standard consumer terms apply.

Nothing in these Terms limits any rights you may have under applicable consumer protection legislation that cannot be excluded by law, including, where applicable, the Alberta Unfair Practices Act. These Terms apply to the maximum extent permitted by law and do not exclude mandatory statutory remedies available to consumers.

To the maximum extent permitted by law, SureSend’s total cumulative liability arising out of or relating to use of the Website and/or the Application by non-Enterprise Licencees shall not exceed the greater of (a) the fees paid by you to SureSend in the twelve (12) months preceding the event giving rise to the claim, or (b) CAD $50 where the service is provided without charge. SureSend shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages.

If you are an Enterprise Licensee, then notwithstanding any other provision of these Terms: (a) your subscription would require acceptance by SureSend and may be subject to varying subscription terms, renewal periods, pricing, and billing arrangements as set out in a separate written agreement, order form, or enterprise licence entered into between SureSend and you, which unless otherwise agreed in writing shall include the following terms: (b) SureSend provides the Application and services strictly “AS IS” and “AS AVAILABLE”; (c) All implied warranties, representations, and conditions are expressly disclaimed to the maximum extent permitted by law; (d) SureSend shall have no liability for data loss, encryption failure, key compromise, message delivery failure, or regulatory compliance obligations of the Enterprise Licensee; (e) SureSend’s total aggregate liability shall not exceed the fees paid by the Enterprise Licensee in the six (6) months preceding the claim; (f) The Enterprise Licensee assumes full responsibility for all users, administrators, access credentials, and activity under its account; (g) The Enterprise Licensee shall indemnify and hold harmless SureSend from all claims, losses, damages, and regulatory actions arising from its use of the Application.

All disputes shall be resolved by binding individual arbitration in Alberta under Alberta law, with no court, class or representative proceedings permitted, except where prohibited by mandatory consumer protection law.

SureSend shall not be liable for damages arising from data loss, corruption, failure to transmit or receive data, unauthorized access, or damages caused by harmful components, even if advised of the possibility of such damages.

The Website and the Application are provided on an “AS IS” and “AS AVAILABLE” basis. SureSend does not guarantee that the Application will be uninterrupted, timely, secure, or error-free, or that any data, messages, or files transmitted through the Application will be delivered, stored, or received successfully. You acknowledge and agree that you do not rely on the Application for guaranteed transmission, storage, or retrieval of any data, files, or communications, and that use of the Application is at your sole risk.

The Application is not designed, intended, or licensed for use in connection with life-critical, safety-critical, or mission-critical systems, including but not limited to medical devices, emergency response systems, nuclear facilities, air traffic control, or any other systems in which failure, delay, or error could result in death, personal injury, or severe physical or environmental damage. You acknowledge and agree that SureSend disclaims and shall not be responsible for any and all liability arising from any such use.

You consent to the collection, use, and disclosure of your information as described in the Privacy Policy and agree to the transmission of such information.

Subject to the Terms, you retain all right, title, and interest in and to any files, data, messages, or other content uploaded, transmitted, or processed through the Application (“User Content”).

If you submit comments, suggestions, ideas, improvements, or other feedback regarding the Website or the Application (“Feedback”), you grant SureSend a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, modify, commercialize, and incorporate such Feedback into the Application or other products or services without restriction and without obligation to you. Nothing in these Terms restricts SureSend’s right to independently develop, acquire, or license similar functionality or ideas.

You acknowledge and agree that SureSend may periodically deploy updates, patches, enhancements, or modifications automatically and without notice, and you consent to such updates as part of your continued use of the Application. You agree to receive such updates automatically without additional notice.

You agree to indemnify and hold SureSend harmless from any and all claims arising from intellectual property violations, including copyright and trademark infringement, from the use of the Application.

SureSend shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, government actions, pandemics, or failures of third-party service providers. Performance shall be suspended for the duration of such event and resumed as soon as reasonably practicable.

The limitations and exclusions of liability and disclaimers set forth herein shall survive termination of your use of the Website and/or the Application and apply even in cases of fundamental breach or failure of essential purpose.

SureSend employs industry-standard encryption protocols and conducts regular security audits to protect user data and information, however input into the Website and/or the Application. However, SureSend cannot guarantee absolute security, and shall not be held liable for unauthorized access or breaches of the Website and/or the Application, howsoever caused.

For support or refund inquiries, please contact SureSend at info@SureSend.ca. Refunds may be issued in accordance with SureSend’s refund policy, if any, from time to time, which, at a minimum, would require proof of purchase and compliance with applicable return procedures.

The Terms are governed and interpreted pursuant to the laws of the Province of Alberta, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction. International users are responsible for compliance with applicable local laws.

The Application is intended for general users but is not to be used by individuals under the age of 21 years.

The Application is provided as a hosted software service and may be accessed via the Website and/or other interfaces, platforms, or technologies made available by SureSend from time to time. No ownership interest, title, or software copy is transferred to you. Access is limited to the functionality made available through the Application during the applicable subscription term.

You acknowledge that recipients of files, messages, or links transmitted through the Application (“Recipients”) may access or interact with the Application without creating an account. By accessing, downloading, or using any content delivered through the Application, Recipients agree to be bound by the applicable provisions of these Terms, including but not limited to restrictions on use, disclaimers, and limitations of liability.

You are responsible for safeguarding the confidentiality and security of your account credentials and for all activity occurring under your account, whether authorized or unauthorized. You must promptly notify SureSend of any suspected unauthorized access, security breach, or misuse of your account. SureSend may suspend or restrict access where it reasonably determines that account security has been compromised or that these Terms are being violated.

You agree that you will not, and will not permit any third party to, directly or indirectly:

• a.reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, encryption methods, system architecture, security controls, or underlying technology of the Application, except to the limited extent expressly permitted by applicable law;
• b.bypass, disable, interfere with, or attempt to circumvent any technical limitations, security features, access controls, subscription limits, rate limits, file size limits, or usage restrictions of the Application;
• c.probe, scan, test, or attempt to compromise the vulnerability or security of the Website, the Application, or any SureSend systems or networks without prior written authorization of SureSend which it can arbitrarily withhold;
• d.use the Application to provide services to third parties, including as a service bureau, hosted encryption platform, relay service, or intermediary service, except as expressly permitted under any Enterprise License;
• e.copy, reproduce, distribute, sublicense, sell, rent, lease, assign, or otherwise commercially exploit the Application or any portion thereof;
• f.use automated tools, scripts, bots, scrapers, or similar mechanisms to access or use the Application in a manner that exceeds normal human usage patterns or interferes with service availability;
• g.interfere with or disrupt the integrity, performance, or availability of the Application, the Website, or SureSend’s systems or networks;
• h.use the Application for unlawful, harmful, fraudulent, abusive, infringing, or malicious purposes, or in violation of applicable laws, regulations, or third-party rights including the transmission of malware, ransomware, spyware, harmful code, or content that infringes intellectual property, privacy, or other third-party rights.

You are solely responsible for compliance with all applicable laws and regulations relating to encryption technology, data protection, privacy, export controls, sanctions, and cross-border data transmission in connection with your use of the Application. SureSend makes no representation that the Application is lawful or appropriate for use in all jurisdictions.

You represent and warrant that you are not resident of, under the control of, or a national or resident of any country or territory subject to comprehensive trade sanctions, and that you are not listed on any government restricted or denied parties list. SureSend makes no representation that the Application is lawful or appropriate for use in all jurisdictions.

Where mandatory consumer protection laws apply, they are waived to the extent that they can be waived, and, to the extent that they cannot be waived, these Terms shall be enforced to the maximum extent permitted by law, with such mandatory provisions deemed modified solely to the extent necessary to comply with applicable law, without affecting the remaining provisions.

Any free trial, beta, preview, or evaluation features are provided solely for evaluation purposes, may be modified or withdrawn at any time, and are provided “AS IS” without warranties of any kind. To the maximum extent permitted by law, SureSend shall have no liability arising from use of trial or pre-release features.