Terms of Use

1. Who we are

"OliveArk Partners", "OliveArk", "we", "us" and "our" mean Airova Inc., operating as OliveArk Partners, of Toronto, Ontario, Canada, and its affiliates. Airova Inc. is the contracting party for the Website.

OliveArk is an independent consultancy. Salesforce, Agentforce, MuleSoft, Data 360, Sales Cloud, Service Cloud, Experience Cloud, Revenue Cloud and related names are trademarks of Salesforce, Inc. We refer to them only to describe the platforms we work with. We are not part of Salesforce, Inc., and nothing on the Website implies endorsement by it.

2. Scope of these Terms

These Terms cover the Website. They do not cover paid services such as implementations, integrations, data work, AI projects or managed support. Those are provided only under a Master Services Agreement and a statement of work for each project, signed by you and us (together, a "Services Agreement"), and, where we handle personal information for you, a data processing agreement. We do not start paid work on the basis of these Terms alone. If a Services Agreement conflicts with these Terms, the Services Agreement prevails for the services it covers.

3. Who may use the Website

The Website is intended for businesses and business professionals. By using it, you confirm that:

• you are at least 18 years old and able to form a binding contract;
• you are using it for business purposes and not as a consumer; and
• if you act for a company, you have authority to bind it, and "you" includes that company.

4. Information on the Website

The Website, including articles in our Insights section, is provided for general information. It is not legal, financial, tax, security, compliance or other professional advice, and it does not create an advisory or consulting relationship. Salesforce and related technologies change often, so content may be out of date. Before acting on anything you read here, take advice suited to your own situation.

We do not publish prices on the Website. Pricing, scope and timing for paid work are discussed with you directly and only become binding in a Services Agreement.

5. Acceptable use

You agree not to:

• use the Website unlawfully or in violation of these Terms;
• submit false, misleading or impersonating information, or information you have no right to share;
• upload or transmit malware, or attempt to probe, scan, test or breach the security of the Website or its infrastructure;
• interfere with or overload the Website, or use bots, scrapers or other automated tools to access it, except for standard search-engine indexing;
• reverse engineer, decompile or copy any part of the Website;
• use the Website to send spam or unsolicited promotions;
• use the Website or its content to build a competing product or service; or
• submit passwords, security tokens, payment card details, government ID numbers or sensitive personal information through the Website's forms or notes.

6. Intellectual property

The Website and its content, including text, articles, graphics, logos, designs, the OliveArk name and the underlying software, are owned by us or our licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Website and to download or print articles for your own internal business use, provided you keep all notices intact. You may not otherwise copy, republish, sell, distribute or create derivative works from the content without our written permission. You may link to the Website if you do so fairly, legally and without suggesting that we endorse you.

If you send us feedback, ideas or suggestions, you grant us a perpetual, worldwide, royalty-free, irrevocable license to use them without obligation to you. We will not publish your confidential information as part of that.

Third-party names and marks belong to their owners.

7. Third-party services and links

The Website may link to or embed services we do not control, such as scheduling tools and professional networking sites. We are not responsible for their content, availability, security or privacy practices, and links are not endorsements. Your use of them is at your own risk and subject to their terms.

8. Privacy

Our Privacy Policy explains how we handle personal information, and forms part of these Terms.

9. Disclaimers

To the maximum extent permitted by law, the Website and its content are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, uninterrupted or error-free operation, or that the Website is free of viruses or other harmful components. We do not warrant that following any content or recommendation will produce a particular business, technical or financial result.

Nothing in these Terms excludes or limits any warranty or liability that cannot lawfully be excluded or limited.

10. Limitation of liability

To the maximum extent permitted by law:

1. 1No indirect losses. We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, business, goodwill, anticipated savings or data, arising out of or in connection with the Website, even if we were told they were possible.
2. 2Cap. Our total liability to you for all claims arising out of or in connection with the Website, whether in contract, tort (including negligence) or otherwise, will not exceed CAD $1,000.
3. 3What is not limited. Nothing in these Terms limits or excludes liability for fraud or fraudulent misrepresentation, intentional misconduct or gross negligence, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded by law.

Paid services are subject to the limitations in the applicable Services Agreement.

11. Indemnity

You will defend, indemnify and hold harmless OliveArk and our affiliates, directors, officers, employees and contractors from claims, losses, liabilities and reasonable expenses (including reasonable legal fees) arising from (a) your breach of these Terms, (b) information or access you provide without the necessary rights or consents, or (c) your violation of law or third-party rights. We will give you prompt notice of a claim, reasonable cooperation at your cost, and control of the defense, but we may take part in it with our own counsel at our expense, and you may not settle a claim that imposes obligations on us without our consent.

12. Suspension and termination

We may suspend or end your access to the Website at any time if we reasonably believe you have breached these Terms, or to protect the Website, our systems or others. You may stop using the Website at any time. Sections 6, 9, 10, 11 and 13 to 15 survive termination.

13. Governing law and disputes

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts of the Province of Ontario, sitting in Toronto, have exclusive jurisdiction, and you and we submit to them. Either of us may seek urgent injunctive relief to protect confidential information or intellectual property in any court of competent jurisdiction. Before starting formal proceedings, each of us will try in good faith to resolve the dispute through discussions between senior representatives for 30 days. Nothing in this section removes mandatory protections of the law of the place where you are located that cannot be waived by agreement.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Changes to the Website and these Terms

We may change, suspend or discontinue any part of the Website at any time. We may update these Terms from time to time by posting the revised version with a new "Last updated" date. If a change is material, we will give you notice in a suitable way, such as a prominent notice on the Website. Your continued use of the Website after the revised Terms are posted means you accept them.

15. General

• Entire agreement. These Terms, the Privacy Policy and any Services Agreement are the entire agreement between you and us on their subject matter, and replace earlier discussions about it.
• Severability. If a provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest of the Terms will continue.
• No waiver. A failure or delay in enforcing a right is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor to our business.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control.
• Electronic communications. You agree that we may communicate with you and give notices electronically, including by email and by posting on the Website, and that those satisfy any legal requirement that they be in writing.
• Language. These Terms are written in English.
• Third parties. Except for our affiliates and personnel, no one other than you and us has rights under these Terms.

16. Contact

Airova Inc., operating as OliveArk Partners
Email: hello@olivearkpartners.com
Location: Toronto, Ontario, Canada
Website: olivearkpartners.com