Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between 10035521 Canada Inc. ("Company," "we," "our," or "us") and you ("Customer," "you," or "your"). These Terms govern your access to and use of the RealTimeDetect solution offered through the Microsoft Azure Marketplace, including all associated APIs, backend services, monitoring components, documentation, and support channels (collectively, the "Services").

By accessing, subscribing to, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Your continued use of the Services constitutes acceptance of any updates to these Terms.

2. Service Description

RealTimeDetect is a fraud detection and threat intelligence service delivered via Microsoft Azure. The Services include:

• Multi-provider RealTimeDetect gateway with fraud detection capabilities
• Real-time threat analysis and anomaly detection
• API endpoints for integration with your systems
• Monitoring and analytics dashboards
• Technical support and documentation
• Security compliance certifications (SOC2, HIPAA, GDPR, CCPA, ISO 27001, PCI DSS, FedRAMP, NIST)

We reserve the right to modify, update, or discontinue Services with 30 days' written notice to active customers. Critical security updates may be deployed immediately.

3. Account and Usage

3.1 Account Creation

• You are responsible for maintaining the confidentiality of your account credentials and API keys
• You are responsible for all activity under your account
• You must notify us immediately of any unauthorized access or use
• You must be at least 13 years old (or the applicable age of majority in your jurisdiction) to use the Services
• Corporate or institutional users must have authority to bind their organization to these Terms

3.2 Acceptable Use

You agree not to:

• Use the Services for illegal, harmful, or unethical purposes
• Attempt to gain unauthorized access to the Services or systems
• Reverse engineer, decompile, or extract the underlying technology
• Use the Services to develop competing products or services
• Exceed published rate limits or quotas without written consent
• Use the Services for high-frequency trading without proper authorization
• Resell or redistribute the Services without permission
• Use automated tools to scrape or harvest data from the Services
• Transmit malware, viruses, or harmful code
• Harass, threaten, or abuse our support team or infrastructure

3.3 Compliance with Laws

You are responsible for using the Services in compliance with all applicable laws, regulations, and industry standards. This includes compliance with export control laws, data protection regulations (GDPR, CCPA, HIPAA), and anti-money laundering (AML) requirements.

4. Fees and Billing

4.1 Pricing and Plans

• Starter Plan: $99/month – Up to 100K API calls, single provider, basic support
• Pro Plan: $499/month – Up to 1M API calls, multiple providers, priority support
• Enterprise Plan: Custom pricing – Unlimited calls, dedicated support, SLA guarantees

4.2 Billing

• Plans are billed monthly in advance
• Billing cycles begin on the subscription date
• All fees exclude applicable taxes, which you are responsible for paying
• Overage charges apply for usage exceeding plan limits at published rates
• Billing inquiries can be directed to billing@realtimedetect.com

4.3 Payment Terms

• Payment is due within 30 days of invoice date (Net 30)
• Late payments may incur interest at 1.5% per month or the maximum legal rate, whichever is lower
• We reserve the right to suspend Services if payment is 15 days overdue
• Failed payments may result in account deactivation

4.4 No Refunds

All subscription fees are non-refundable except as required by law. Unused API call allowances do not roll over to subsequent billing periods.

5. Intellectual Property Rights

5.1 Our Intellectual Property

• All content, code, algorithms, and documentation associated with the Services are owned by the Company
• The Services are protected by copyright, trademark, and patent laws
• You receive a limited, revocable, non-exclusive license to access and use the Services during your subscription
• You may not sublicense, transfer, or assign the license

5.2 Your Data and Content

• You retain ownership of all data you provide to the Services ("Your Data")
• You grant us a non-exclusive, worldwide license to process Your Data solely for operating the Services
• We may use anonymized or aggregated data to improve the Services and generate analytics
• We will not sell Your Data to third parties

5.3 Feedback

Any feedback, suggestions, or improvements you provide may be used by the Company without compensation or attribution.

6. Warranties and Disclaimers

6.1 Service Availability

• We target 99.5% uptime for the Services (excluding planned maintenance)
• Enterprise plans may include service level agreements (SLAs) with specific uptime guarantees
• Maintenance windows will be scheduled with 30 days' advance notice when possible

6.2 Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES INCLUDING:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of results
• That the Services will meet your requirements or work without interruption

6.3 Detection Accuracy

While we employ industry-leading fraud detection models, the Services may not detect 100% of fraud or threats. You acknowledge that fraud detection is probabilistic and requires human review for critical decisions. The Company is not liable for false positives, false negatives, or missed threats.

7. Limitation of Liability

7.1 Limitation Cap

EXCEPT FOR CLAIMS ARISING FROM YOUR BREACH OF SECTION 3.2 (ACCEPTABLE USE), THE COMPANY'S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

7.2 Excluded Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, or business opportunities
• Loss of data or business interruption
• Reputational harm or loss of goodwill
• Damages from reliance on detection results without additional verification

This limitation applies even if the Company has been advised of the possibility of such damages.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including attorney fees) arising from or related to:

• Your use of the Services in violation of these Terms or applicable laws
• Your data or content transmitted through the Services
• Your violation of third-party rights or intellectual property rights
• Actions or conduct by you or persons using your account

9. Term and Termination

9.1 Subscription Term

• Subscriptions are month-to-month and automatically renew unless cancelled
• Either party may terminate with 30 days' written notice
• You may cancel your subscription at any time via your account dashboard

9.2 Termination for Cause

The Company may terminate or suspend your account immediately without notice if:

• You violate Section 3.2 (Acceptable Use)
• Payment is overdue by more than 15 days
• You breach any material provision of these Terms and fail to cure within 15 days of notice
• Continued provision would violate law or regulatory requirements

9.3 Effect of Termination

• Upon termination, your access to the Services immediately ceases
• We may delete Your Data 30 days after termination
• You remain liable for all fees incurred through the termination date
• Provisions that survive termination include IP rights, limitations of liability, and indemnification

10. Confidentiality

10.1 Confidential Information

Each party may share confidential information with the other. Confidential information includes technical data, business practices, algorithms, and customer information. The receiving party agrees to:

• Protect confidential information using reasonable security measures
• Disclose only to employees or contractors with a need to know
• Not use confidential information for any purpose other than fulfilling these Terms

10.2 Exceptions

Confidentiality obligations do not apply to information that is:

• Publicly available through no breach of these Terms
• Independently developed without reference to confidential information
• Required to be disclosed by law or court order (with notice if permitted)
• Disclosed with prior written consent

11. Compliance and Legal

11.1 Export Control

The Services and underlying technology are subject to U.S. export control laws. You agree not to export, re-export, or transfer the Services to prohibited countries or persons.

11.2 Data Protection

We comply with applicable privacy laws including GDPR, CCPA, HIPAA, and others. For details, refer to our Privacy Policy at https://www.realtimedetect.com/privacy-policy.

11.3 Security Compliance

The Services comply with SOC2, ISO 27001, PCI DSS, FedRAMP, and NIST standards. Compliance documentation is available upon request for authorized customers.

11.4 Regulatory Changes

We reserve the right to modify the Services to comply with new legal or regulatory requirements.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Canada (Ontario) without regard to conflicts of law principles.

12.2 Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in Toronto, Ontario.

• Arbitration proceedings will be conducted in English
• Each party bears its own costs and reasonable attorney fees
• The arbitrator's decision is final and binding

12.3 Waiver of Jury Trial

YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

12.4 Exceptions

Either party may seek injunctive relief in court to prevent irreparable harm or enforce intellectual property rights.

13. Changes to Terms

We may update these Terms at any time. Changes will be posted at https://www.realtimedetect.com/terms-of-service with an updated "Last Updated" date.

For material changes, we will provide 30 days' advance notice via email. Continued use of the Services after changes take effect constitutes acceptance.

If you do not agree to updated Terms, you may terminate your subscription within 30 days for a refund of prepaid fees.

14. Miscellaneous

14.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous agreements.

14.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer your rights under these Terms without written consent. The Company may assign these Terms to its successors or acquirers.

14.5 Third-Party Beneficiaries

No third party has rights or benefits under these Terms except as expressly stated.

15. Contact Information

For questions, concerns, or notices regarding these Terms, contact us at: