Terms of Service

By accessing our website at tinse.ca, submitting a project enquiry, signing a service agreement, or receiving services from TINSE inc, you confirm that:

• You are at least 18 years of age or have the legal authority to enter into a binding agreement on behalf of your organisation.
• You have read, understood, and agree to be bound by these Terms of Service.
• You have the authority to accept these terms on behalf of your company, if applicable.

These Terms apply to all visitors, clients, and users of TINSE inc's website and services.

TINSE inc provides the following technology services to businesses and organisations:

• Custom Software Development: Web applications, APIs, cloud solutions, and database design tailored to your business needs.
• Mobile App Development: Native and cross-platform applications for iOS and Android, including React Native and Flutter.
• Odoo ERP Services: Implementation, customisation, training, and ongoing support for Odoo ERP systems.
• Website Design & Development: Responsive websites, e-commerce platforms, UI/UX design, and SEO optimisation.

The specific scope, deliverables, timelines, and pricing for each engagement are defined in a separate Statement of Work (SOW) or Service Agreement signed between TINSE inc and the client. In the event of any conflict, the signed SOW or Service Agreement shall take precedence over these Terms.

To enable TINSE inc to deliver services effectively, clients agree to:

• Timely Cooperation: Provide required information, content, assets, feedback, and approvals within agreed timeframes. Delays from the client's side may affect project timelines and are not the responsibility of TINSE inc.
• Accurate Information: Ensure all information provided to TINSE inc is accurate, complete, and up to date.
• Authorised Content: Confirm that all content, logos, images, and materials provided for use in deliverables are owned by the client or properly licensed, and do not infringe the intellectual property rights of any third party.
• Designated Contact: Assign an authorised representative to liaise with TINSE inc throughout the project.
• Lawful Use: Use TINSE inc's deliverables only for lawful purposes and in compliance with applicable Canadian and international laws.

Payment terms are outlined in each project's SOW or Service Agreement. General terms include:

• Deposits: A deposit (typically 40–50% of the project value) is required before work commences, unless otherwise agreed in writing.
• Milestone Payments: Larger projects may be billed in milestones tied to agreed deliverables.
• Payment Due: Invoices are due within 14 calendar days of issue unless otherwise stated.
• Late Payments: Overdue invoices may attract a late payment fee of 2% per month on the outstanding balance.
• Taxes: All fees are exclusive of applicable taxes (including HST/GST). Clients are responsible for any applicable taxes in their jurisdiction.
• Suspension of Work: TINSE inc reserves the right to suspend work on any project where payment is overdue by more than 14 days, without liability.

Intellectual property rights are governed as follows:

• Client-Owned Materials: All content, data, logos, and materials provided by the client remain the property of the client.
• Custom Deliverables: Upon receipt of full payment, ownership of custom-developed deliverables (code, designs, documentation) transfers to the client, unless otherwise specified in the SOW.
• TINSE inc Tools & Frameworks: Any proprietary tools, frameworks, libraries, or methodologies developed by TINSE inc and used in delivering services remain the intellectual property of TINSE inc. The client is granted a non-exclusive licence to use these as part of the delivered solution.
• Third-Party Components: Open-source or third-party components incorporated into deliverables are subject to their respective licences, which the client is responsible for understanding and complying with.
• Portfolio Rights: TINSE inc reserves the right to reference the project in its portfolio and marketing materials, unless the client requests confidentiality in writing.

Both parties agree to maintain the confidentiality of each other's proprietary and sensitive business information. This includes:

• Business strategies, financial data, and trade secrets shared during the engagement.
• Technical specifications, source code, and system architectures.
• Client data and user information handled as part of the project.

Confidentiality obligations survive the termination of the engagement for a period of 3 years, unless a separate Non-Disclosure Agreement (NDA) specifies otherwise.

TINSE inc warrants that:

• Services will be performed with reasonable skill, care, and professionalism.
• Deliverables will materially conform to the specifications agreed in the SOW.
• We will promptly address material defects reported within the warranty period stated in the SOW (typically 30–90 days post-delivery).

Except as expressly stated above, TINSE inc provides services on an "as is" and "as available" basis. We make no warranties — express or implied — regarding fitness for a particular purpose, merchantability, or that services will be uninterrupted or error-free.

To the maximum extent permitted by applicable law:

• TINSE inc's total aggregate liability for any claim arising out of or related to our services shall not exceed the total fees paid by the client for the specific project giving rise to the claim in the 12 months preceding the claim.
• TINSE inc shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.
• We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, internet outages, government actions, or third-party service failures.

Either party may terminate a service engagement under the following conditions:

• By Client: With 14 days written notice. The client will be invoiced for all work completed up to the termination date, plus any non-recoverable costs already incurred.
• By TINSE inc: With 14 days written notice if the client breaches these Terms or the SOW and fails to remedy the breach within 7 days of written notice.
• Immediate Termination: Either party may terminate immediately for material breach, insolvency, or fraudulent conduct.

Upon termination, TINSE inc will deliver all completed work to the client, subject to settlement of outstanding invoices. Confidentiality and intellectual property obligations survive termination.

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or TINSE inc's services shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada. Both parties agree to attempt to resolve disputes through good-faith negotiation before pursuing formal legal action.

TINSE inc reserves the right to update these Terms of Service at any time. When we do, we will:

• Update the "Last Updated" date at the top of this page.
• Notify active clients via email where the changes are material.

Changes take effect immediately upon posting unless otherwise stated. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you should cease using our services and notify us in writing.

If you have any questions about these Terms of Service or wish to discuss a specific engagement, please contact us:

• Company: TINSE inc
• Address: 7700 Hurontario Street Northeast, Suite 303a, Brampton, Ontario, L6Y 4M3, Canada
• Email: contact@tinse.ca
• Phone: +1 (289) 499-8040
• Business Hours: Monday – Friday, 9:00 AM – 6:00 PM EST