Terms of Service

Welcome to VitaLaw | Defences ("we", "us", "our", or the "Service"), operated by VitaIQ Inc. These Terms of Service ("Terms") govern your access to and use of our legal research platform at defences.app.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

1. Eligibility and Account Registration

1.1 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under Canadian law
• Provide accurate and complete registration information

1.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains accurate and current

1.3 Professional Users

If you are a lawyer or legal professional, you acknowledge that use of the Service does not replace your professional obligations, including duties of competence, confidentiality, and independent judgment.

2. Subscription Plans and Pricing

2.1 Available Plans

2.2 Billing and Payment

• Subscriptions are billed monthly in advance
• All prices are in Canadian dollars (CAD)
• Applicable taxes will be added to the listed prices
• Payment is processed securely through Stripe
• Failed payments may result in service suspension

2.3 Refund Policy

We offer a 7-day money-back guarantee for new paid subscriptions. After 7 days, subscriptions are non-refundable but you may cancel at any time to prevent future charges. Refunds will not be provided for partial months.

2.4 Subscription Changes

• You may upgrade your plan at any time (prorated charges apply)
• Downgrades take effect at the next billing cycle
• Cancellations take effect at the end of the current billing period
• We reserve the right to modify pricing with 30 days notice

3. Acceptable Use

3.1 Permitted Use

You may use the Service for:

• Legal research and case law analysis
• Academic research and education
• Professional legal work
• Personal legal research

3.2 Prohibited Activities

You may NOT:

• Use the Service to provide legal advice to others
• Represent the Service's content as your own legal opinion
• Scrape, crawl, or use automated tools to access the Service
• Share your account credentials with others
• Attempt to bypass usage limits or security measures
• Use the Service for any illegal or unauthorized purpose
• Violate any professional or ethical obligations
• Resell or redistribute Service content without permission
• Interfere with or disrupt the Service or its servers
• Transmit viruses, malware, or harmful code
• Violate the intellectual property rights of others
• Harass, abuse, or harm other users

For complete details, see our Acceptable Use Policy.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by VitaIQ Inc. and is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Case Law Content

Canadian case law accessed through our Service is public domain or licensed from CanLII under their terms. We do not claim ownership of the underlying legal decisions. Users must comply with any applicable licenses when using case law content.

4.3 User Content

You retain ownership of any notes, folders, or annotations you create. By using the Service, you grant us a limited license to store and display your content solely for providing the Service to you.

4.4 AI-Generated Content

AI-generated summaries, analyses, and insights are provided as tools for your research. You may use this content in accordance with these Terms, but must verify accuracy and not represent it as authoritative legal analysis.

5. Privacy and Data Protection

Your use of our Service is governed by our Privacy Policy, which complies with PIPEDA. By using the Service, you consent to our collection and use of personal information as described in the Privacy Policy.

5.1 Confidentiality

While we implement security measures to protect your data, the Service is not intended for storing confidential client information. Users are responsible for maintaining client confidentiality in accordance with professional obligations.

6. Disclaimers and Limitations of Liability

6.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.2 No Guarantee of Accuracy

We do not warrant that:

• The Service will be uninterrupted or error-free
• AI-generated content will be accurate or complete
• Case law is current or comprehensive
• Results will meet your specific requirements

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITALAW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

6.4 Professional Liability

You acknowledge that any professional liability arising from your use of the Service in your legal practice remains solely your responsibility. We strongly recommend maintaining appropriate professional liability insurance.

7. Indemnification

You agree to indemnify, defend, and hold harmless VitaIQ Inc., its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable law or professional obligation
• Any claim that your use of the Service caused damage to a third party

8. Termination

8.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support@vitalaw.app. Termination takes effect at the end of your current billing period.

8.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay subscription fees
• Create risk or legal exposure for us

8.3 Effect of Termination

Upon termination, your access to the Service will cease immediately. We may delete your account data after 30 days. Provisions that by their nature should survive termination will remain in effect.

9. Dispute Resolution

9.1 Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

9.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario), except that you may bring claims in small claims court if eligible.

9.3 Class Action Waiver

You agree to bring any claims against us in your individual capacity and not as part of any class, collective, or representative action.

10. General Provisions

10.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and VitaIQ Inc. regarding the Service.

10.2 Modifications

We reserve the right to modify these Terms at any time. Material changes will be notified via email or Service announcement with at least 30 days notice. Continued use after changes take effect constitutes acceptance.

10.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

10.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

10.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights to any of our affiliates or successors.

11. Contact Information