Terms of Service

1. Introduction

Welcome to Shuark. These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Using Our Services

You must follow any policies made available to you within the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These Terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

3. Account Creation and Security

To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account.

You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4. User Content

Our Services may allow you to submit, upload, publish or otherwise make available content. You retain ownership of any intellectual property rights that you hold in that content. When you upload content to or through our Services, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, and distribute such content.

You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any content that you submit. You also agree that your content will not violate third-party rights, including copyright, trademark, privacy, and personality rights.

5. AI Services and Model Training

Some of our Services use artificial intelligence and machine learning technologies that may process your data to improve our services. By using these Services, you understand and agree that your interactions and associated data may be used for service improvement and model training purposes, subject to the safeguards and controls described in our Privacy Policy.

We prioritize data privacy and security in our AI development and operations. You can learn more about how we handle data in our AI systems in our Privacy Policy.

6. Prohibited Uses

You agree not to use the Services to:

• Violate any applicable law or regulation
• Infringe any intellectual property or other rights of any third party
• Transmit or upload any malicious code or malware
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Harass, abuse, or harm another person or entity
• Generate or facilitate the creation of harmful, misleading, or deceptive content

7. Service Changes and Availability

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time. We may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to export your data from our systems.

8. Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care. However, there are certain things that we don't promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER SHUARK NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS."

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

9. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, SHUARK AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SHUARK AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, SHUARK AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

10. Changes to These Terms

We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We'll post notice of modifications to these Terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately.

If you do not agree to the modified Terms for a Service, you should discontinue your use of that Service.

11. Governing Law

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.

12. Contact Us

If you have any questions about these Terms, please contact us at: