Terms of Service | Always Beyond

Welcome to Always Beyond. These Terms of Service ("Terms") govern your access to and use of the websites, platforms, and managed IT services (collectively, the "Services") provided by Always Beyond Corp. ("Always Beyond," "Company," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms apply to all visitors, users, and others who access or use the Services.

1. Acceptance of Term

By using our Sites or Services, you signify your acceptance of these Terms and our Privacy Policy. 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 such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

2. Description of Services

Always Beyond provides comprehensive managed IT services, cybersecurity solutions, cloud services, and technology strategy consulting primarily to businesses in Canada. The specific scope, deliverables, service level agreements (SLAs), and fees for the Services provided to you will be detailed in a separate Master Services Agreement (MSA), Statement of Work (SOW), or service order executed between you and Always Beyond. In the event of any conflict between these Terms and an executed MSA or SOW, the terms of the MSA or SOW shall prevail.

3. Data Security and SOC2 Compliance

Always Beyond is committed to maintaining the highest standards of data security, availability, processing integrity, confidentiality, and privacy. We implement and maintain robust administrative, physical, and technical safeguards designed to protect your data and our infrastructure, aligned with industry best practices and the Trust Services Criteria established by the American Institute of Certified Public Accountants (AICPA) for SOC 2 compliance.

3.1. Security Responsibilities: While Always Beyond implements stringent security measures to protect our infrastructure and the Services we provide, you are responsible for maintaining the security of your own internal systems, endpoints, user credentials, and access controls, except where explicitly managed by Always Beyond under an active MSA or SOW.

3.2. Incident Response: In the event of a confirmed security incident or data breach affecting your data within our controlled environment, Always Beyond will notify you without undue delay and in accordance with applicable laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant provincial privacy legislation.

4. Acceptable Use of Policy

You agree not to use the Services to:

Violate any applicable local, provincial, national, or international law or regulation.
Transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, or otherwise objectionable.
Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
Attempt to gain unauthorized access to the Services, related systems, or networks.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Perform any vulnerability scanning, penetration testing, or security assessments on Always Beyond's infrastructure without prior written authorization.

Always Beyond reserves the right to suspend or terminate your access to the Services immediately, without notice, if we determine, in our sole discretion, that you have violated this Acceptable Use Policy or pose a security risk to our infrastructure or other clients.

5. Intellectual Property Rights

The Services and their original content, features, and functionality are and will remain the exclusive property of Always Beyond and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Always Beyond.

Any feedback, comments, or suggestions you may provide regarding Always Beyond or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

6. Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects, that is designated as "Confidential," "Proprietary," or some similar designation, or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

Both parties agree to hold each other's Confidential Information in strict confidence and not to disclose such information to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to provide the Services. This obligation of confidentiality shall survive the termination of these Terms.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALWAYS BEYOND, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.UNDER NO CIRCUMSTANCES WILL ALWAYS BEYOND BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, EXCEPT TO THE EXTENT CAUSED BY ALWAYS BEYOND'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALWAYS BEYOND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ALWAYS BEYOND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ALWAYS BEYOND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

You agree to submit to the personal and exclusive jurisdiction of the courts located within Calgary, Alberta, to resolve any dispute or claim arising from these Terms or your use of the Services.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

11. Contact Us

If you have any questions about these Terms, please contact us:

Always Beyond Corp.

1215 13 St SE Unit 101B

Calgary, AB Canada T2G 3J4

Phone: +1 (403) 768-3173

Email: support@alwaysbeyond.com