Agreement overview
A straightforward foundation for working together.
These Terms of Service (“Terms”) govern your engagement with MyMoss (“MyMoss,” “we,” “us,” or “our”) for contracted technology services. By engaging our services, you (“Client,” “you,” or “your”) agree to these Terms.
Services
MyMoss provides contracted tech support services as described in the agreed-upon project scope or service agreement. This may include, but is not limited to, troubleshooting, software installation, system maintenance, and other related technical services. Specific services and deliverables will be outlined in a separate agreement or proposal.
Client responsibilities
- You are responsible for providing accurate and complete information necessary for us to perform the services.
- You are responsible for maintaining backups of your data and systems. We are not liable for data loss.
- You agree to cooperate with us and provide reasonable access to your systems and information.
- You are responsible for any third-party licenses required for software or services we install or configure.
Payment
Payment terms will be outlined in the project scope or service agreement. Payment is typically due upon completion of services unless otherwise agreed upon in writing.
Confidentiality
We will maintain the confidentiality of any confidential information disclosed by you in connection with the services. This does not include information that is publicly available or required by law to be disclosed.
Intellectual property
Upon full payment of all applicable fees, you will own the project-specific deliverables created specifically for you under the applicable service agreement, including the final custom source code, designs, and documentation.
You retain ownership of all data, content, trademarks, software, and other materials you provide to MyMoss.
MyMoss retains ownership of its pre-existing tools, reusable code, templates, libraries, processes, methodologies, know-how, and other materials not created exclusively for you (“Background Materials”). Where Background Materials are included in a deliverable, MyMoss grants you a perpetual, worldwide, royalty-free licence to use, modify, and distribute them as part of that deliverable.
Third-party and open-source materials remain subject to their applicable licence terms. Any different ownership arrangement will be documented in writing.
Warranty disclaimer
MyMoss provides services on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the services, including any warranty of merchantability or fitness for a particular purpose. We do not guarantee specific results.
Limitation of liability
To the maximum extent permitted by law, MyMoss will not be liable for any indirect, incidental, consequential, special, or exemplary damages, including lost profits, arising out of or in connection with the services. Our total liability for any direct damages arising out of or in connection with the services will not exceed the total amount paid by you for the services.
Termination
Either party may terminate the agreement for breach of these Terms by providing written notice. Termination does not relieve either party of obligations incurred prior to termination.
Governing law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You and MyMoss agree to submit to the exclusive jurisdiction of the courts of Alberta for any dispute arising out of or relating to these Terms or the services.
Entire agreement
These Terms constitute the entire agreement between you and MyMoss regarding the services and supersede any prior or contemporaneous communications and proposals, whether oral or written.
Modifications
These Terms may be modified by MyMoss from time to time. We will provide you with notice of any material changes. Your continued use of our services after such notice constitutes your acceptance of the modified Terms.