Legal
Terms of service
Effective October 20, 2026 · Version 1
Last Updated: October 20, 2026
These Terms of Service, including any other document referencing these Terms of Service, (collectively, “Agreement”) are entered into between you and SchematIQ Systems Ltd. (“SchematIQ”, “we”, “us” or “our”) and govern your access to and use of SchematIQ’s online services, including but not limited to the Deadlinewatch websites available at deadlinewatch.com and app.deadlinewatch.com, together with the deadline.watch shortcut as well as the SchematIQ website at schematiq.net, including all subdomains (“Website”), the Deadlinewatch deadline-tracking web application (“Platform”), and any other product or service to which SchematIQ applies this Agreement (collectively, “Service”).
BY EXECUTING AN AGREEMENT THAT REFERENCES THESE TERMS OF SERVICE, BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION, OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THIS AGREEMENT AND ARE AGREEING TO THIS AGREEMENT FOR THAT ORGANIZATION. WHERE YOU ARE AGREEING TO THE SERVICE ON BEHALF OF AN ORGANIZATION, “YOU” AND “YOUR” REFERS TO THE ORGANIZATION.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND SCHEMATIQ. PLEASE READ THE ENTIRETY OF THIS AGREEMENT CAREFULLY.
1. SCHEMATIQ SERVICES
The Service, Deadlinewatch, is a deadline-tracking web application operated by SchematIQ. The Service allows registered users to record due dates and related details in order to view them as a chronological list and, separately, in a calendar-based workload view. The Service is also structured so as to provide optional email reminders in advance of a due date. The Service is a personal productivity and reminder aid intended to help you keep track of your own deadlines. For more information on the Service please refer to our Website or contact us through our contact form.
2. ACCOUNTS
2.1 Access and Creation. The Service is provided primarily through our Platform, which provides you with the ability to register an account (“Account”) directly, or indirectly through a third-party single sign-on (for example, your Google or GitHub account) or a one-time email “magic link”. Sign-in is passwordless and SchematIQ does not create or store any passwords as part of the Service. In order to register an Account on the Platform or otherwise use certain features of the Service, you must be: (i) at least 18 years old; (ii) resident in Canada and/or the United States of America; and (iii) legally authorized to enter into a contract with SchematIQ. By continuing to register an Account or by using the Service, you hereby represent and warrant that you qualify under the foregoing requirements and are legally authorised to enter into this Agreement. In addition to the Platform, our Website provides you with access to publicly accessible content, for example, general information about SchematIQ, the Platform and related content.
2.2 Accounts. Accounts are individual accounts and are intended for use by a single user in order to personally access and use the Service (each, an “Account”). The Service does not offer shared, team or enterprise accounts, and you may not share your Account or Subscription with, or provide access to, any other person or entity.
2.3 Log-in Information. As an Account holder, you shall: (a) provide SchematIQ with accurate contact information, including but not limited to your name and a current email address, and keep it up to date; (b) safeguard access to the email account and any third-party sign-in accounts (for example, Google or GitHub) used to access the Service, and keep any one-time sign-in links (“Log-in Information”) confidential and not share them with any other person or entity; (c) use commercially reasonable efforts to ensure the security and authorized use of your Log-in Information; and (d) be responsible for all activity through the Service that originates from your Account. By using the Service and registering an Account, you acknowledge that SchematIQ is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Log-in Information. If you detect unauthorized access to or use of your Account, you shall promptly notify SchematIQ. For more information on the information SchematIQ may collect as part of the Account registration process, please review our Privacy Policy, available here.
3. SUBSCRIPTION
3.1 License and Subscriptions. SchematIQ hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to access and use, in accordance with this Agreement, the: (a) Platform through a single registered Account and the applicable free trial or paid subscription (each, a “Subscription”); and (b) Website. The Service usage and license rights, functionality and features associated with your Subscription are as described on the Platform, the Website or in your Account.
3.2 Subscription and License Limitations. You shall use the Subscription solely for your personal or business purposes for the duration of the Agreement (“Term”). Further details on the Subscription may be available on the Platform, the Website or another agreement between you and SchematIQ. You are not permitted to share your Subscription with any other person or entity, and SchematIQ reserves the right to cancel your Subscription, terminate your Account, or exercise its discretion in limiting or suspending your ability to access the Service in the event you breach this Agreement. Your failure to comply with this Agreement may result in automatic termination of your Account or your access to the Service.
4. USE OF THE SERVICE
4.1 Features. Service features, functionality, usage and rate limits, device limitations, integrations, and other components of the Service associated with your Subscription (collectively, “Features”) are as described in your applicable Subscription package. The Features available under a Subscription are subject to change on one or more occasions at any time and without notice. Current information regarding Subscriptions, Features and pricing are available on the Website and/or in your Account.
4.2 Authorized Use. All users are required to use the Service in conformance with all applicable laws and regulations and shall not:
- a. knowingly provide false or inaccurate information to SchematIQ;
- b. share your Subscription, Account, Log-in Information or any Features available to you with any other person or entity;
- c. publicly or privately disclose, share, leak or otherwise transmit, directly or indirectly, any promotional codes, qualifications, registration numbers and/or related information made available to you part of your Subscription and use of the Service;
- d. engage in conduct constituting improper use of the Service, in a manner that exceeds reasonable volume or constitutes excessive or abusive usage;
- e. use the Service to send spam and other communications prohibited by applicable laws and regulations;
- f. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
- g. reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, or distribute the Service, unless expressly permitted by SchematIQ;
- h. scrape, crawl, or harvest any data or personal information from the Service;
- i. break, disrupt or attempt to break or disrupt any device used to support the Service or knowingly exploit a flaw or bug in the Service;
- j. use the Service to store or transmit material that is infringing, libelous, unlawful or in violation of any person’s rights;
- k. harass, abuse, bully, stalk, threaten or impersonate any person through the Service;
- l. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by SchematIQ;
- m. promote, encourage or undertake illegal activity or communicate, link to, post, stream, submit or upload content that contains objectionable or offensive conduct through the Service;
- n. disparage, harm or otherwise tarnish the reputation of SchematIQ or any of SchematIQ’s third-party partners;
- o. use the Service to train artificial intelligence or large language models;
- p. access or use the Service by any automated means (including bots, scripts or crawlers) or create Accounts by automated means, except through features SchematIQ provides for that purpose (such as the CSV import and export);
- q. use the Service as a safety-critical or emergency system, or in any activity where a failure of the Service could lead to death, personal injury or severe damage;
- r. use the Service to build a competitive service or product, or copy any Feature, function or graphic for competitive purposes;
- s. use the Service to infringe or violate third party rights, including but not limited to: (i) contractual rights, (ii) copyright, patent, trademark, trade secret rights or other intellectual property rights, (iii) privacy rights, (iv) publicity rights, or (v) confidential information; or
- t. otherwise use the Service in any manner that violates these Terms, the Privacy Policy or any other agreement between you and SchematIQ,
as determined by SchematIQ in its sole discretion. Failure to comply with this Section may result in termination of your access to the Service and your Account (as applicable) and/or legal consequences.
4.3 Your Content Responsibilities. You are solely responsible for the content you enter into the Service. By using the Service you agree not to enter into any free-text field (including any deadline title, note, checklist item or stream label) any sensitive or special-category personal information (for example, health information, financial information, government-identifiers, or biometric information), or any personal information about another person that you are not authorized to provide. You may enter such information where you have received adequate and legal consent to disclose such information into the Service and by doing so you represent and warrant to SchematIQ that you have obtained the legal right to disclose such information. By continuing to use the Service you acknowledge and agree that SchematIQ is not responsible or liable for the third-party information you submit, upload or otherwise share to the Service.
4.4 Excess Usage. SchematIQ reserves the right to monitor and reasonably restrict your ability to use the Service if using excessive computing resources impacting performance of the Service for SchematIQ and/or other users, as determined by SchematIQ acting reasonably. SchematIQ shall provide you with prior written notification in cases where it restricts such use and employ good faith efforts to determine an appropriate alternative or workaround solution prior to restricting your ability to use the Service.
4.5 Availability. The Service may be unavailable due to maintenance or unforeseen cause beyond SchematIQ’s reasonable control, including but not limited to, internet service provider issues, power or communications network failures, denial of service attacks or similar attacks, or any force majeure events. Such Service unavailability does not constitute a breach of the Agreement. SchematIQ disclaims all liability relating to Service unavailability.
4.6 Third-Party Services. The Service relies on certain third-party services, including third-party sign-in providers (for example, Google and GitHub) and a third-party payment processor (Stripe) (collectively, “Third-Party Services”). This Agreement does not grant any license, right, title or interest in Third-Party Services, and your use of them may be governed by separate terms between you and the relevant third party, which you are solely responsible for reviewing. Where you use a Third-Party Service to sign in or to pay, SchematIQ may exchange with that provider the limited information needed to authenticate you or process payment, as described in our Privacy Policy. SchematIQ does not control, and is not responsible for, Third-Party Services, and such services (or SchematIQ’s integration with them) may change or end at any time without notice or compensation to you.
4.7 Privacy Policy. Use of the Service is governed by a Privacy Policy detailing how SchematIQ collects, uses and discloses personal and anonymous data about you, available here, as updated on one or more occasions. You are responsible for reading the Privacy Policy. If you disagree with SchematIQ’s then-current Privacy Policy, you must immediately stop using the Service and contact SchematIQ at contact@deadlinewatch.com.
5. FEES & PAYMENT
5.1 Subscription Service Plan. The Service is offered as a single paid Subscription at the rate currently specified on the Platform, the Website or your Account, and which may be charged to you on a monthly or annual basis at your choice. New Account Subscriptions are entitled to a 14-day free trial period that does not require you to submit payment information. If you proceed with a free trial and no payment method is added by the end of the trial, the Subscription does not begin and you will not be charged. Please note that free trials are limited to one per person and you are not permitted to use multiple emails to sign up for more than one free trial. Pricing and rates are subject to adjustment, for current up to date information, please refer to the Platform, Website, or your Account. Existing users with a paid Subscription will be notified of any increase to the fees associated with their Subscription prior to a Renewal Term (defined below).
5.2 Fee Payment and Automatic Renewal. You shall pay SchematIQ the Subscription fee for your selected billing period (“Subscription Fee”), together with any applicable taxes. Billing is handled by our third-party payment processors and SchematIQ does not store your full card details. If you elect to pay by card or such other method provided to you to process electronic payments on the Service, you hereby authorize SchematIQ and our third-party payment processors to charge the payment method you provide for all fees owed. You represent and warrant that you are authorized to use the payment method and that the information you provide is true, correct and complete. Please note that your Subscription automatically renews. Unless you cancel before the end of the then-current billing period, your Subscription will automatically renew for successive periods of the same length (each, a “Renewal Term”), and SchematIQ (through our third-party partners) will automatically charge the then-current Subscription Fee to your payment method at the start of each Renewal Term, until you cancel. You may cancel at any time as described in the terms of the Cancellation Section below, and cancellation takes effect at the end of the then-current billing period. Where required by applicable law, SchematIQ will provide clear disclosure of these automatic-renewal terms before you subscribe, send a reminder notice before an annual Subscription renews, and provide a means to cancel online. SchematIQ may change the Subscription Fee on at least 30 days’ prior notice before the start of a Renewal Term. Subscription Fees are non-refundable except as expressly stated in this Agreement or as required by applicable law. If your payment method changes, expires, or is declined, SchematIQ may suspend or terminate your access to the paid Service.
5.3 Changing Your Plan. Where permitted by your Subscription and/or the options in your Account, you may switch between monthly and annual billing from your Account. A change to annual billing takes effect immediately or at your next renewal, as indicated at the time of the change; a change to monthly billing takes effect at the end of your current billing period. Any resulting change in the Subscription Fee is applied on a going-forward basis.
5.4 Cancellation, Deletion, Access. You may cancel your Subscription at any time from your Account or the billing portal. When your paid Subscription ends (whether because you cancel or because a free trial ends without a paid subscription starting), your Account does not immediately terminate; instead it becomes read-only, meaning you can sign in, view and export your data but cannot create or edit deadlines. Following a read-only period of approximately 30 days, the Account moves to an export-only period of approximately a further 30 days, after which the Account and its associated content are permanently deleted (approximately 60 days after the paid Subscription ends). You may also delete your Account at any time. You remain liable for all fees accrued up to the end of your then-current billing period and will not receive a refund for any Subscription Fee already paid, except as required by applicable law. At each readable stage you may export a full copy of your deadline data. Further information on data retention and deletion is set out in our Privacy Policy.
5.5 Referrals. For users with a paid Subscription, SchematIQ may offer you a unique personal referral link which you can share with friends, family, colleagues and anyone else who you think may enjoy using the Service. As part of SchematIQ’s referral program, each time you refer a new user to the Service and such user signs up for a paid Subscription (and remains a paid subscriber for a qualifying period as further described in your Account), you will be eligible for reward. Referral rewards currently include credits attributed to your Account to cover your Subscription for a particular period. Rewards are: (i) limited to one per referred user; (ii) have no cash value and are non-transferable; (iii) expire upon deletion of your Account or cancellation of your Subscription; (iv) may be withheld for actual or suspected (in SchematIQ’s sole discretion) fraud, abuse, circumvention or misuse; and (v) are subject to change, including through suspension or complete termination, in SchematIQ’s sole and absolute discretion and without advance notice to you.
5.6 Overdue Invoice. Following your failure to pay an invoice or any fees due and owing to SchematIQ, SchematIQ may suspend your Account or access to the Service and, before reinstating your Account or resuming the Service, may require that you pay: (a) all outstanding amounts; and (b) all amounts that will become payable during the remainder of the Term.
5.7 Taxes. Subscription Fees as well as any Additional Fees and other charges agreed to by you and SchematIQ exclude taxes, duties and charges, which you shall pay.
5.8 Refunds. You are not entitled to a refund unless otherwise required by applicable law. In exceptional circumstances, SchematIQ may offer refunds upon request, in SchematIQ’s sole and absolute discretion. If you believe you qualify for a refund, please contact SchematIQ at contact@deadlinewatch.com with the phrase “Refund Request” in the subject line and a description of your refund request in the body of the email.
6. TERM & TERMINATION
6.1 Term. The Agreement is effective on the earliest of: (a) in the case of access to the Website, the date you first access the Website; (b) if a Subscription, the date you sign up for such Subscription; or (c) such other date as agreed to between you and SchematIQ in writing.
6.2 Term Duration. The Term of a Subscription runs until the Subscription is terminated in accordance with this Agreement. A paid Subscription has a billing period of one month or, if you select annual billing, one year (or such other duration set out on the Platform, the Website, your Account or as separately agreed to between you and SchematIQ), and automatically renews for a Renewal Term of the same length unless cancelled in accordance with this Agreement.
6.3 Termination. The Term terminates upon the earliest of:
- a. Cancellation of your Subscription prior to a Renewal Term (effective at the end of your current Subscription billing cycle unless otherwise specified by SchematIQ in writing);
- b. your failure to pay the Subscription Fee, Additional Fee, or any fee or charge due and owing by you to SchematIQ;
- c. in the case of access to the Website, when terminated by you or SchematIQ, which may occur at any time without notice; or
- d. your non-compliance with (or rejection of) the Agreement or Privacy Policy.
Following termination, SchematIQ may, but is not obligated to, retain certain User Data (defined below) and Account Information, as required to permit you to restore your Account and/or Subscription. Further information on SchematIQ’s data retention practices are available in our Privacy Policy.
7. OWNERSHIP
7.1 Service Ownership. The Service, Features and constituent parts thereof are the proprietary property of SchematIQ and its licensors, and all right, title and interest in and to, including all associated intellectual property rights, remain with SchematIQ and its licensors. You may not remove or modify any proprietary marking or restrictive legends in the Service. The Agreement does not convey any right, title or interest in, or constitute the sale of any right to, the Service, Subscription or Account. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are and shall be forever owned by and inure to the benefit of SchematIQ, excluding User Data. The trademarks, logos, and service marks (collectively, “Trademarks”) displayed on the Service are registered and unregistered marks of SchematIQ or are otherwise used in accordance with applicable law. Nothing contained in the Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without SchematIQ’s written permission. SchematIQ reserves all rights unless expressly granted in this Agreement.
7.2 User Data. Data that you provide in connection with your Account or otherwise upload or transmit through the Service (“User Data”) is and shall remain your sole property. All right, title and interest in and to User Data, including all associated intellectual property rights, remain with you. By using the Service, you represent and warrant that you have all necessary rights to the User Data you provide to SchematIQ. You are solely responsible for your User Data. By using the Service, you agree that SchematIQ may access, store, process and transmit User Data only in order to: (a) provide, maintain, secure and support the Service; (b) create anonymous, aggregated or de-identified data that does not identify you or any individual; and (c) comply with law, in each case as described in, and subject to, the SchematIQ Privacy Policy. SchematIQ does not sell or “share” User Data, does not use User Data to train artificial intelligence or machine-learning models, and does not use User Data for advertising.
7.3 User Feedback. You hereby grant SchematIQ a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use any feedback you provide regarding the Service. Such feedback is deemed to not be Confidential Information and nothing in this Agreement shall operate to limit SchematIQ’s use of such feedback.
8. COPYRIGHT AND INTELLECTUAL PROPERTY COMPLAINTS
SchematIQ respects intellectual property rights. If you believe that content available through the Service infringes your copyright or other intellectual property rights, please contact SchematIQ at contact@deadlinewatch.com with a description of the material, its location, your contact information, and a statement of your good-faith and reasonable belief that the use is not authorized. As appropriate and in line with our legal obligations, SchematIQ will review and respond to requests, and may remove allegedly infringing material and suspend or terminate Accounts that infringe the rights of others.
9. DISCLAIMER; LIMITATION OF LIABILITY
9.1 DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. SCHEMATIQ DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SCHEMATIQ MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE SERVICE OR THE DELIVERY OF ANY REMINDER WILL BE UNINTERRUPTED, TIMELY, CONTINUOUSLY AVAILABLE, ERROR-FREE OR SECURE AGAINST UNAUTHORIZED ACCESS, OR THAT THE SERVICE WILL NOT RESULT IN LOST DATA.
9.2 DEADLINE RESPONSIBILITY; NO GUARANTEE. THE SERVICE IS A REMINDER AND ORGANIZATIONAL AID ONLY AND DOES NOT GUARANTEE THAT ANY REMINDER WILL BE DELIVERED OR THAT ANY DEADLINE WILL BE MET. REMINDERS AND OTHER MESSAGES MAY BE DELAYED, MISDIRECTED, OR FAIL TO SEND FOR REASONS INCLUDING BUT NOT LIMITED TO EMAIL DELIVERABILITY, THIRD-PARTY SERVICE OUTAGES, INCORRECT SETTINGS OR INFORMATION, OR EVENTS BEYOND SCHEMATIQ’S REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR TRACKING AND MEETING YOUR OWN DEADLINES AND FOR MAINTAINING INDEPENDENT MEANS OF DOING SO, AND YOU AGREE NOT TO RELY ON THE SERVICE AS YOUR SOLE MEANS OF TRACKING A DEADLINE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT SCHEMATIQ IS NOT LIABLE FOR ANY MISSED DEADLINE OR FOR ANY LOSS, DAMAGE OR CLAIM RESULTING FROM A MISSED, DELAYED OR UNDELIVERED REMINDER OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY SCHEMATIQ, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS (“REPRESENTATIVES”), WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
9.3 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCHEMATIQ AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, LOSS OF GOODWILL, MISSED DEADLINES, AND LOST BUSINESS OR OPPORTUNITIES, EVEN IF SCHEMATIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.4 MAXIMUM AGGREGATE LIABILITY. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD SCHEMATIQ FROM LIABILITY, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF SCHEMATIQ AND ITS REPRESENTATIVES IN ANY CASE WHATSOEVER WILL BE THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO SCHEMATIQ IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACT LEADING TO THE HARM IN QUESTION; AND (B) $1000 CAD.
10. INDEMNIFICATION
You shall indemnify, defend and hold SchematIQ and its Representatives, harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, in connection with your use (or misuse) of the Service or Third Party Services, personal injury or death arising while using the Service or Third Party Services, or your violation of the Agreement or any law or regulation (including but not limited to privacy or consumer protection laws). You shall not settle any claim without SchematIQ’s advance written consent unless such claim releases SchematIQ unconditionally. SchematIQ reserves the right to, at its expense, assume control of the claim.
11. DISPUTE RESOLUTION
11.1 Initial Dispute Resolution. Most disputes between you and SchematIQ can be resolved without resorting to legal action. If you have any dispute with SchematIQ, you agree that before taking any formal legal action you will contact SchematIQ at contact@deadlinewatch.com, and provide a brief, written description of the dispute and your contact information. You and SchematIQ agree to use commercially reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
11.2 Binding Arbitration. If you and SchematIQ cannot come to a resolution within 60 days after the time an informal dispute resolution is initiated in accordance with the informal dispute-resolution process described above, you agree that any disputes or claims between you and SchematIQ (including the Representatives), shall be resolved by confidential, final and binding arbitration to be conducted in Vancouver and administered by the Vancouver International Arbitration Centre (“Arbitrator”). The arbitration shall be commenced and conducted in accordance with Arbitrator’s Rules (the “Rules”). Your arbitration fees and your share of the arbitrator’s compensation shall be governed by and, where appropriate, limited by the Rules. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS LIMITED BY APPLICABLE LAW. THE PARTIES AGREE THAT THE ARBITRATION PROVISIONS IN THIS SECTION SHALL NOT APPLY TO: (I) DISPUTES CONCERNING INTELLECTUAL PROPERTY, ALLEGATIONS OF THEFT, PIRACY, VIOLATION OF PRIVACY LAWS OR USE OF THE SERVICE IN VIOLATION OF THIS AGREEMENT; OR (II) CLAIMS FOR INJUNCTIVE RELIEF.
11.3 CLASS ACTION WAIVER AND PROHIBITION. YOU AGREE THAT ANY ARBITRATION OF A DISPUTE OR CLAIM SHALL BE LIMITED BETWEEN SCHEMATIQ, THE REPRESENTATIVES (IF APPLICABLE), AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION SHALL BE JOINT WITH ANY OTHER AND YOU HAVE NO RIGHT OR AUTHORITY TO: (A) ARBITRATE A DISPUTE OR CLAIM ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND TO (B) RAISE A DISPUTE OR CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE OR CLAIM RESOLVED AS A PLAINTIFF OR MEMBER OF A CLASS ACTION.
12. GENERAL
12.1 Updates. SchematIQ reserves the right, in its sole discretion, to modify this Agreement at any time (each, an “Update”) and shall make each Update available through the Website and where you are an existing user, by email and each Update shall be indicated by an updated “Last Updated” or similar designation stating the date the Update is effective. You are deemed to accept an Update by continuing to use the Service. Unless SchematIQ states otherwise, an Update is automatically effective 30 days after the initial notice is provided, except in such case where an Update is immaterial to any of your legal rights or legal obligations of SchematIQ and such Update is made only to correct a typographical, formatting or grammar inaccuracy, and in such case, an Update is effective immediately after posting on the Website.
12.2 Governing Law. The Agreement shall be governed by and construed in accordance with the applicable laws of the Province of British Columbia and the federal laws of Canada, without reference to principles of conflicts of laws, and courts in Vancouver, British Columbia will have exclusive jurisdiction to hear any proceedings related to this Agreement and to which the parties irrevocably attorn to the jurisdiction of.
12.3 Notice. Any notice required by the Agreement shall be given by email to SchematIQ at contact@deadlinewatch.com and by SchematIQ to you at the email address you provide to SchematIQ, as updated on one or more occasions, such notice deemed received upon sending.
12.4 Export Compliance. Certain export control laws regulate the export and re-export of technology originating in Canada and other foreign countries. You agree to abide by all export control laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, the Service or any Features from any countries or foreign nations in violation of such laws or regulations. You shall comply with the export laws and regulations of the applicable jurisdictions in which you provide, access or use the Service. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
12.5 Service Territory; Intended Users. The Service is currently offered only to users located in, and resident in, Canada and the United States. The Service is not directed to, and you may not access or use it as a resident of or from, the European Union or European Economic Area, the United Kingdom, Singapore, China, Australia, New Zealand, or any other jurisdiction outside Canada and the United States. By using the Service, you represent and warrant that you are accessing it from, and are a resident of, Canada or the United States. SchematIQ may decline, suspend or terminate access to any person who does not meet these requirements.
12.6 Limitation Period. Any cause of action arising out of or related to the Agreement or the Service must commence within one year after the cause of action accrues and, if not, is permanently barred. The parties acknowledge that the foregoing constitutes a modification and shortening of the limitation period set forth in statute and agree to shorten the limitation period.
12.7 Severability, Waiver. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of this Agreement in full force and effect. No failure or delay by a party in exercising any right, power or remedy under this Agreement constitutes a waiver thereof.
12.8 Assignment. You cannot assign, transfer or pledge the Agreement, in whole or in part, without the prior written consent of SchematIQ. SchematIQ may assign this Agreement upon written notice to you.
12.9 Force Majeure. Except with respect to your obligation to make payments, neither party shall be held responsible for any delay, deficiency or failure in performance due to causes beyond its reasonable control including, but not limited to, fires, strikes, embargoes, explosions, earthquakes, hurricanes, floods, wars, the elements, epidemics, pandemics, labor disputes, government requirements, acts of war and terrorism, civil or military authorities, inability to secure raw materials or transportation facilities, acts or omissions of carriers or suppliers.
12.10 Entire Agreement. The Agreement, including the Privacy Policy and any other agreement incorporating the Terms, as amended on one or more occasions, constitutes the entire Agreement between you and SchematIQ and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
12.11 Survival. Sections 4.3, 4.6, 4.7, 5.2, 5.4, 5.5, 5.6, 5.7, 5.8, 6.3, and 7 through 12, survive termination or expiry of this Agreement.
12.12 Contact Information. If you have any questions about this Agreement or the SchematIQ Privacy Policy you are encouraged to contact SchematIQ by email at contact@deadlinewatch.com or using the information below:
SchematIQ Systems Ltd.
PO Box 23051
Victoria STN COOK STREET, BC, V8V 4Z8
Canada