MBITIR SOFTWARE INC.
Registered Address: 40 Holm Crescent, Thornhill, Ontario, L3T 3B3, Canada
Last Updated: March 2026
Effective Date: March 2026
Welcome to MBITIR SOFTWARE INC. (“we”, “us”, “our”). These Terms of Service (“Terms”) govern your access to and use of our websites, mobile applications, software products, and professional services (collectively, the “Services”), including our core business of APP application download promotion, software development, and digital technology solutions.
These Terms are drafted in compliance with applicable federal and provincial laws of Canada, including the Consumer Protection Act, 2002 (Ontario) and the Competition Act (Canada). By accessing or using our Services, you (“you”, “your”, “Client”) agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.
- Definitions
Services: All products, software, websites, and professional services provided by MBITIR SOFTWARE INC., including but not limited to APP download promotion campaigns, custom software development, digital marketing solutions, technical support, and consulting services.
Client: Any individual or entity accessing or using the Services, agreeing to be bound by these Terms.
Content: All text, data, images, software, code, trademarks, logos, and other materials provided by us or generated through the use of the Services.
Effective Date: The date these Terms come into force, as specified above. - Scope of Services
2.1 Service Offerings
We provide the following core Services, subject to specific terms outlined in individual service agreements or statements of work (SOW):
APP Download Promotion: Customized campaigns to drive user acquisition and downloads for client mobile applications across digital channels.
Software Development & Integration: Custom software design, development, testing, and deployment for web, mobile, and enterprise platforms.
Digital Technology Services: Data analytics, cloud solutions, system maintenance, and technical support for digital products.
2.2 Client Responsibilities
You agree to:
Provide accurate, complete, and timely information necessary for us to deliver the Services.
Comply with all applicable laws, regulations, and third-party platform policies when using our Services (e.g., app store guidelines, advertising standards).
Obtain all necessary consents, licenses, and rights to use any content, data, or intellectual property you provide to us in connection with the Services.
Use the Services only for lawful purposes and in accordance with these Terms. - Account Registration & Security
3.1 Account Creation
To access certain Services, you may be required to create an account. You agree to provide accurate and current information during registration and to update your information promptly if it changes.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials (e.g., username, password) and for all activities conducted under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to safeguard your account information. - Fees & Payment
4.1 Service Fees
Fees for our Services are specified in the relevant service agreement, quote, or invoice. All fees are quoted in Canadian Dollars (CAD) unless otherwise agreed in writing.
4.2 Payment Terms
Invoicing cycles and payment due dates are outlined in the service agreement.
You agree to pay all invoices in full by the due date. Late payments may incur interest charges at a rate permitted by Ontario law (not exceeding the maximum allowed under the Interest Act (Canada)).
We reserve the right to suspend or terminate Services for non-payment after providing written notice of overdue amounts.
4.3 Taxes
All fees are exclusive of applicable taxes, including GST/HST, provincial sales taxes, and any other applicable levies. You are responsible for paying all such taxes unless you provide a valid tax exemption certificate. - Intellectual Property Rights
5.1 Our Intellectual Property
All intellectual property rights in the Services, including but not limited to software code, trademarks, logos, designs, documentation, and methodologies, remain the exclusive property of MBITIR SOFTWARE INC. or our licensors. You may not copy, modify, distribute, or reverse-engineer any part of our Services or intellectual property without our prior written consent.
5.2 Client Intellectual Property
Any intellectual property you provide to us (e.g., app content, brand assets, client data) remains your exclusive property. We will use such intellectual property solely for the purpose of delivering the Services to you.
5.3 Deliverables
Unless otherwise specified in a service agreement, we assign all right, title, and interest in custom-developed deliverables (e.g., custom software, promotional assets) to you upon full payment of all applicable fees. - Confidentiality
Both parties agree to maintain the confidentiality of all non-public information disclosed in connection with the Services (“Confidential Information”). This obligation includes:
Not disclosing Confidential Information to any third party without the disclosing party’s prior written consent.
Using Confidential Information solely for the purpose of fulfilling obligations under these Terms.
Taking reasonable precautions to protect Confidential Information from unauthorized access or disclosure.
This confidentiality obligation survives the termination of these Terms for a period of five (5) years, or as required by applicable law. - Warranties & Disclaimers
7.1 Limited Warranty
We warrant that the Services will be provided with reasonable care and skill, in accordance with industry standards and the specifications outlined in the relevant service agreement.
7.2 Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. - Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE Consumer Protection Act, 2002 (Ontario)):
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE LIABILITY. - Term & Termination
9.1 Term of Service
These Terms commence on the Effective Date and continue until terminated in accordance with this Section 9.
9.2 Termination by Either Party
Either party may terminate these Terms for material breach by providing written notice. If the breach is not cured within thirty (30) days of the notice, the Terms will terminate automatically.
You may terminate your account and stop using the Services at any time, subject to payment of all outstanding fees for Services rendered up to the date of termination.
9.3 Termination by Us
We reserve the right to suspend or terminate your access to the Services immediately, without prior notice, if:
You violate any provision of these Terms or applicable laws.
You engage in fraudulent, illegal, or harmful activities that may damage our reputation or the integrity of our Services.
You fail to pay invoices after receiving written notice of overdue amounts.
9.4 Effect of Termination
Upon termination:
You must immediately cease all use of the Services.
We will cease providing Services to you, except for obligations that by their nature survive termination (e.g., confidentiality, intellectual property, payment, and limitation of liability).
You remain liable for all fees and charges incurred up to the date of termination. - Governing Law & Dispute Resolution
10.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
10.2 Dispute Resolution
Any dispute arising out of or relating to these Terms shall first be resolved through good-faith negotiation. If a resolution cannot be reached, either party may submit the dispute to mediation in the Province of Ontario. If mediation fails, the dispute shall be resolved by the courts of Ontario, and the parties consent to the exclusive jurisdiction of such courts. - Modifications to Terms
We reserve the right to modify or update these Terms at any time. We will notify you of material changes by posting the revised Terms on our website and updating the “Last Updated” date at the top of this document. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. - Miscellaneous
Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Entire Agreement: These Terms, together with our Privacy Policy and any signed service agreements or SOWs, constitute the entire agreement between you and us regarding the Services, superseding all prior or contemporaneous agreements, understandings, or communications.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a successor in interest in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Notices: All notices under these Terms shall be in writing and delivered by email, registered mail, or hand delivery to the addresses specified in the relevant service agreement or on our website.