Terms of Service
- You own everything you put into Tideway. We store, process, and display it only to run the Service for you.
- You are responsible for your clients’ data you add, and for the mail you send through us. Our Data Processing Agreement covers the client data you store here.
- Don’t abuse, resell, or reverse-engineer the Service. If an account is misused we can pause a single capability rather than the whole workspace, and you can appeal.
- If your clients pay invoices online, they pay you directly through your own Stripe account. We never hold your money, and refunds and chargebacks on those payments are between you, your client, and Stripe.
- A disagreement with a client is yours to run. We are not a party to your contracts, invoices, or payments, we do not take sides, and we cannot be pulled into it. You can always export your records to defend your position.
- You are responsible for what you upload and share. We do not pre-screen it, anyone can report content that should not be here, and we act on copyright notices and terminate repeat infringers.
- AI output can be wrong. Review it before you rely on it. It is not professional advice.
- Paid plans renew automatically and are billed through Stripe. Cancelling keeps your records; uploaded files are eventually deleted, and we warn you by email first.
- Standard liability limits apply, and these Terms are governed by the law of British Columbia, Canada, without removing consumer rights you have at home.
Acceptance of terms
By accessing or using Tideway (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you and Errant Technologies Inc. (“Errant Technologies”, “we”, “us”, or “our”), the company incorporated in British Columbia, Canada that owns and operates the Service. Where these Terms name Tideway, they mean the Service; where they name Errant Technologies, they mean the company you are contracting with. They are governed by the laws of the Province of British Columbia and the applicable laws of Canada.
Our Privacy Policy and, where you store personal information about other people in Tideway, our Data Processing Agreement form part of these Terms and are incorporated by reference.
Description of service
Tideway is an all-in-one operations platform for freelancers, independent studios, and creative teams. The Service includes tools for project management, client and contact management, proposals and scope agreements with electronic signing, invoicing and online payment collection, time and expense tracking, file management and client sharing, scheduling, notes, AI-assisted drafting and insights, notifications, and analytics.
Tideway is offered on an evolving basis, and some features are in beta. Features, plans, pricing, and availability may change. We may modify, suspend, or discontinue any part of the Service at any time, and we will give reasonable notice of material changes that affect paid plans.
Eligibility
You must be at least 16 years of age to use Tideway. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.
If you are using Tideway on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity.
Accounts
When you create an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your credentials.
Acceptable use
You agree not to use Tideway to:
- Violate any applicable law or regulation
- Infringe the intellectual property, privacy, or other rights of any third party
- Transmit malware, spam, or other harmful or disruptive content
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Reverse engineer, decompile, or disassemble any part of the Service
- Use the Service to build or train a competing product, or to place undue automated load on it
- Resell, sublicense, or otherwise commercially exploit the Service without our written consent
Sending mail through Tideway. Invoices, reminders, portal invitations, and signing codes leave on shared sending infrastructure, so misuse by one account harms the deliverability of every other studio on the platform. You therefore also agree not to use the Service’s email or client-sharing features to send unsolicited bulk messages, to invoice or contact people who have no existing relationship with your business, to impersonate another person or business, to conduct phishing or payment-redirection fraud, or to send anything that breaches CASL, CAN-SPAM, or the equivalent anti-spam law where your recipients are. You are responsible for having the consent or other lawful basis you need for the mail you send.
Suspension, restriction & enforcement
We monitor aggregate signals about how accounts use the Service, such as sending volume, bounce rates, upload volume, and signup patterns, in order to detect abuse. Those signals decide which accounts a person reviews first; they never restrict an account on their own.
If we conclude that an account is being used in breach of these Terms, or in a way that endangers the Service or other customers, we may:
- pause a specific capability, such as outbound email, public share links, uploads, or AI features;
- suspend access to the workspace; or
- terminate the account.
We prefer the narrowest measure that addresses the problem, and we will normally give notice first. We may act without prior notice where the conduct is causing ongoing harm, is fraudulent, or where the law requires it. If your account is restricted you will see it in the app, and you can appeal by emailing legal@tideway.co; a person will review it. We keep a record of enforcement actions, described in our Privacy Policy.
Your data
You retain full ownership of all data, content, and information you enter into Tideway (“Your Data”). We do not claim any intellectual property rights over Your Data.
You grant Errant Technologies a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Your Data, and to send communications on your behalf (such as invoices and reminders you choose to send), solely as necessary to provide the Service to you.
Your Data is stored on managed cloud infrastructure (a managed PostgreSQL database, with uploaded files in object storage and authentication handled by an identity provider), encrypted in transit and at rest, with per-account isolation enforced at the database level. You can export Your Data to CSV at any time, and you can permanently delete it yourself. See our Privacy Policy for details on how, where, and for how long it is stored.
Your clients’ and third-party data
Tideway lets you store and process personal information about your own clients, contacts, and other third parties (for example their names, emails, addresses, and project or billing details). With respect to that information, you are the controller and Errant Technologies acts as your processor, handling it on your behalf and on your instructions to operate the Service. Our Data Processing Agreement governs that relationship, including our confidentiality, security, sub-processor, assistance, breach notification, and deletion obligations, and the Standard Contractual Clauses for international transfers. It applies automatically; a counter-signed copy is available from privacy@tideway.co.
You represent and warrant that:
- you have the necessary rights, permissions, and lawful basis (including any required consent) to collect that information and to enter it into Tideway;
- your use of Tideway, and of any information you upload or share (including through client portals and invoices), complies with all laws that apply to your business, including privacy and anti-spam laws;
- you give your clients whatever privacy notice their law requires, and you are responsible for responding to any request they make about their information; and
- you will not use Tideway to process special categories of personal data (such as health, biometric, or government identifier data) unless you have told us and we have agreed in writing, because the Service is not designed for it.
You will indemnify Errant Technologies for any claim arising from information about third parties that you provide or share through the Service, as described in the Indemnification section below.
Content you host through Tideway
Tideway stores what you create and upload — files and deliverables, notes, proposals, scope agreements, and invoices — and lets you make some of it reachable by anyone holding a link you send. We call that hosted content. It is Your Data, and the Your data section governs who owns it. This section is about what may be hosted here, and what happens when something should not be.
We do not pre-screen it. We do not review, approve, or monitor hosted content before it is stored or shared, and we are under no obligation to go looking for anything. We are not the author or publisher of what you host. We do run the automated abuse checks described under Suspension, restriction & enforcement, and we may investigate on our own initiative or because someone reported something; doing either does not give us knowledge of any particular file, and it does not create a duty to find one.
What must not be hosted here. In addition to the Acceptable use rules, you must not upload, store, or share through Tideway anything that is unlawful; that infringes another person’s copyright, trademark, or other rights; that sexually exploits or abuses a child; that is built to deceive a recipient into paying, handing over credentials, or installing software; or that carries malware. This applies to private content in your workspace as much as to anything behind a share link.
What we can do about it. Where we receive a well-founded report, have a legal obligation, or reasonably believe this section has been breached, we may disable access to the content. Depending on what is reachable and how, that means stopping the individual link the material is reachable through, asking you to remove it, stopping every public link your account has, stopping new uploads, or suspending the account, as set out under Suspension, restriction & enforcement. We use the narrowest of those that addresses the problem, we tell you what we did and why, and you can appeal. Disabling a link never hides the material from you: you keep access to your own workspace so that you can remove, replace, or dispute it.
Preservation and reporting. Where the law requires it, or where we believe in good faith that it is necessary to prevent serious harm, we may preserve hosted content and disclose it to law enforcement or another competent authority. Material that sexually exploits or abuses a child is reported and the account is terminated; that response is not graduated and the appeal above does not apply to it.
Reporting content: copyright and other complaints
Anyone can report something, account or not. If you believe content hosted on Tideway, or reachable through a Tideway link, is unlawful or breaches these Terms, tell us at report@tideway.co, or at copyright@tideway.co for a copyright claim. Every client-facing Tideway page carries a report link in its footer, and the full instructions are at tideway.co/report. We confirm we have your report, assess it in a timely, careful, and non-arbitrary way, and tell you what we decided.
What to put in a report. The link or URL of the material; what is wrong with it, and which law you are relying on if you are naming one; enough detail for us to find and assess it without guessing; your name and an email address we can reply to; and a statement that you believe, in good faith, that what you have told us is accurate and complete. We normally pass a report to the account holder so they can respond, and we will withhold your identity where you ask us to and the law allows it.
Copyright claims under the DMCA. A notice under the United States Digital Millennium Copyright Act should go to our designated agent and must include: your physical or electronic signature, as the copyright owner or someone authorised to act for them; identification of the work you say is infringed; identification of the material you say infringes it, with enough information for us to locate it; your contact details; a statement that you have a good-faith belief the use is not authorised by the owner, its agent, or the law; and a statement, made under penalty of perjury, that the notice is accurate and that you are authorised to act.
Designated agent. Copyright Agent, Errant Technologies Inc., 422 Richards St, Suite 170, Vancouver, BC V6B 2Z4, Canada, copyright@tideway.co.
Counter-notice. If we disable material of yours because of a copyright notice, we tell you and send you a copy of the notice. You may reply with a counter-notice containing your signature; identification of the material and where it appeared before it was disabled; a statement, made under penalty of perjury, that you believe in good faith it was disabled through a mistake or a misidentification; your name, address, and telephone number; and your consent to the jurisdiction of the federal court for the district where you live, or, if you live outside the United States, of any judicial district in which we may be found, together with your agreement to accept service from the person who sent the notice. Where the law provides for it, we may restore the material between ten and fourteen business days later, unless we are told that court proceedings have been started.
Repeat infringers. We keep a record of the copyright notices we act on. It is our policy to terminate, in appropriate circumstances, the account of anyone who repeatedly infringes the copyright of others, and we may terminate sooner where the conduct is flagrant. Knowingly misrepresenting that material is infringing, or that it was disabled by mistake, carries liability for damages under the law.
Notices under EU and UK law. A notice under Article 16 of the EU Digital Services Act goes to the same addresses. A notice carrying the elements above gives us knowledge of the material where it lets a careful provider see the illegality without a detailed legal examination. Where we disable content, stop a share link, or restrict or suspend an account, we give the affected customer a statement of reasons: what we did, why, the contractual or legal ground for it, whether automated means were used to detect the content, and how to challenge the decision. You can appeal to legal@tideway.co, and nothing here removes a right you have to go to an out-of-court dispute settlement body or to a court.
Electronic signatures
Proposals, scope agreements, and change orders can be signed electronically. Before signing, the signer confirms control of their email address using a one-time code, and we record the typed name, the verified email address, the timestamp, the signer’s IP address, and their browser user-agent string as the audit trail. That record is retained for as long as the signed document is, and it is what makes the signature evidence rather than a claim.
You and your client agree that an electronic signature captured this way has the same effect as a handwritten one where the law allows. Tideway provides the signing mechanism only. We are not a party to any agreement you sign with a client, we do not verify the identity of any signer beyond the email step described above, and nothing in the Service is legal advice or a substitute for it. Whether a particular agreement is valid, enforceable, or suitable for your situation is for you and your legal advisor to decide.
Collecting payment from your clients
If you switch on online invoice payment, you connect your own account with our payment provider, Stripe, and your clients pay you directly. Errant Technologies never takes custody of those funds, takes no percentage of them, and is not a payment processor, money transmitter, or party to the transaction.
- You become Stripe’s merchant and are bound by Stripe’s connected account terms, which you accept during setup. Stripe decides whether to onboard you and may request verification information directly.
- Stripe’s processing fees are charged to you by Stripe, not by us, and are separate from your Tideway subscription.
- Refunds, chargebacks, disputes, and any resulting liability are between you, your client, and Stripe. We reflect their outcome in your invoice ledger, but we cannot reverse or adjudicate them.
- You remain responsible for what you charge, for the taxes you collect and remit, and for your own payment terms with your clients.
- If a card network, Stripe, a bank, or a regulator assesses a fine, penalty, reversal, negative balance, or cost against Errant Technologies because of a transaction on your connected account, you are responsible for it and will reimburse us, as set out under Indemnification.
- We may switch off your ability to take card payments through Tideway, with or without notice, if your refund or dispute rate is high enough to put you, Stripe, or us into a card network monitoring program, if Stripe or a card network asks us to, or if we reasonably suspect fraud. That does not affect payments already settled to you.
We do not respond to disputes on your behalf and we have no obligation to gather or submit evidence for you. Where a relevant record exists in your workspace, such as a signed scope agreement, an activity trail, or a delivery receipt, you can export it and use it in your own response, as it stands. Keeping proof of what you delivered is your responsibility.
A payment shown as received in Tideway reflects what Stripe reported to us. Your Stripe dashboard and your bank are the authoritative record of settlement.
Disputes with your clients
Tideway is not a party to anything you agree with a client. Proposals, scope agreements, change orders, invoices, contracts, deliverables, and payments are between you and them. We do not mediate, adjudicate, verify, guarantee, collect, or take a side in a disagreement between you and a client, and we are not obliged to act on either party’s account of one.
Our records are aids, not guarantees. Scope agreements, electronic signature audit trails, time logs, change orders, activity history, open and read receipts, and AI-drafted documents exist to help you keep your own records. We make no representation that any of them will satisfy a legal formality, be accepted by a court, arbitrator, bank, card network, or insurer, or be sufficient to prove anything. Whether a record is admissible or adequate for your situation is for you and your legal advisor to decide.
You will not bring us into it. You agree not to name Errant Technologies as a party to, or seek relief from Errant Technologies in, any dispute between you and a client or other third party arising from your work, your documents, your invoices, or the payments you take. If such a person brings a claim against us arising from your use of the Service, the Indemnification section applies.
No third-party beneficiaries. Your clients, the recipients of anything you send, portal visitors, and signers are not parties to these Terms and gain no rights under them against Errant Technologies. Their relationship is with you.
If we are compelled to take part. We may receive a subpoena, court order, discovery request, or regulator demand relating to your workspace. Where the law allows, we will notify you before we respond so that you can object; where it does not, we will comply. If responding takes more than an incidental amount of work, you will reimburse our reasonable costs, including staff time and legal fees, unless the demand concerns our own conduct.
Preserve what you need yourself. Tideway is not an archive or a records custodian. We keep data for the periods set out in our Privacy Policy and no longer, we are not obliged to preserve anything beyond them for a dispute you may be anticipating, and deleting your account is irreversible. If you may need a record later, export it and keep your own copy.
What we will do. Staying out of your disputes does not mean leaving you without your own records. Export is available to you at any time, including during a billing lapse. If your access is suspended or restricted, or you need a copy of a record the Service holds about your account, email legal@tideway.co and we will provide it within a reasonable time, so long as we still hold it and doing so does not breach someone else’s rights or the law.
AI features
Tideway includes AI-assisted features that draft text and surface insights from your data. When you use them, the content needed to answer your request is processed through our third-party AI provider, as described in the Privacy Policy. Your content is not used to train the provider’s models.
AI output is generated automatically and may be inaccurate, incomplete, or unsuitable for your situation. It is not professional advice (legal, financial, tax, or otherwise), and you are responsible for reviewing and verifying any output before you rely on it or send it to a client. AI features are provided without warranty and may change or be discontinued.
AI usage is metered per account and subject to fair-use allowances that depend on your plan. When an allowance is exhausted we may slow, degrade, or pause AI features until it resets or you add capacity, and we may suspend AI access immediately in response to abuse or a provider outage. The rest of the Service continues to work.
Feedback
If you send us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback to improve Tideway, without any obligation to compensate you. You are never required to provide feedback, and doing so does not transfer ownership of Your Data.
Intellectual property
Tideway and its original content, features, and functionality, including its design, code, trademarks, and branding, are owned by Errant Technologies and protected by applicable intellectual property laws.
Nothing in these Terms grants you any right to use Errant Technologies’ trademarks, logos, or other proprietary materials without our prior written consent.
Pricing & payment
Paid plans and their prices are described on our website and in the app, and are subject to change. If we change the price of a paid plan, we will give you at least 30 days’ notice before the change takes effect for existing subscribers, and the change will not affect your current billing period.
Subscriptions are billed in advance on a recurring basis (monthly or annually, as you choose) and renew automatically until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period, and you keep access until then.
Trials. A free trial runs for the period stated when you start it. A trial started without a card simply ends and your workspace moves to the free tier; a trial started with a card converts to a paid subscription at the end of the trial unless you cancel first. We email you before a trial ends. Plan limits, such as the number of in-flight projects and the amount of storage included, are described in the app; going over a limit stops you creating new items but never deletes or hides what you already have.
Payments are processed by Stripe, and your use of payment features is subject to Stripe’s terms. All fees are stated in the currency shown at checkout and are exclusive of taxes unless stated otherwise; you are responsible for any applicable taxes. Except where required by law, fees are non-refundable, but we handle refund requests reasonably and on a case-by-case basis. Email us at billing@tideway.co.
If you use Tideway to invoice your own clients, you are responsible for your invoices, the amounts you charge, the taxes you collect and remit, and any payment terms with your clients. Tideway provides the tools but is not a party to your agreements with your clients.
Billing questions & chargebacks
If a charge from us looks wrong, email billing@tideway.co and we will investigate and reply within 10 business days. Where we got it wrong, we correct it and refund the difference, and we do not require you to argue the point. Please raise a charge within 60 days of it appearing; after that we treat it as accepted, except where the law gives you longer.
Come to us before you dispute a charge with your bank. Filing a chargeback or payment reversal on a Tideway subscription without first contacting us, and giving us that reasonable opportunity to put it right, is a breach of these Terms. It is also the slower path for you: we can refund directly in days, while a chargeback takes weeks and cannot be withdrawn once it is decided.
If a chargeback or reversal is filed against us, we may suspend your account and any connected capability until the disputed amount is settled, and may terminate it if it is not. We will email you first and give you a chance to resolve it, unless the pattern is clearly fraudulent. You remain responsible for the amount owed and for the reasonable direct costs the dispute causes us, including the fee our payment processor charges us to handle it. In responding, we may submit the records we hold about your account and its use, including your acceptance of these Terms, to the bank or card network. Your data is not deleted because of a billing dispute, and you keep the ability to export it.
None of this limits a right you have under the law where you live, or your right to dispute a charge you did not authorize. If a charge was made without your authorization, tell us and we will refund it without argument.
Your data after cancellation
Cancelling a paid plan does not delete your workspace. Your records stay available on the free tier, subject to its limits, and you can export everything to CSV at any time.
Uploaded files are the exception. Storage costs us money whether or not an account is paying, so files belonging to a lapsed or cancelled account are eventually removed. Before that happens we email the account owner a warning naming the date. Only after that warning has been sent, and a further period has passed, are the files moved to Trash, and only then are they permanently deleted. If we cannot send the warning, nothing is deleted. Resuming a paid plan before the deletion date cancels it.
Export what you need before you cancel. Once files are permanently deleted we cannot recover them.
Availability, maintenance & support
We aim to keep Tideway available continuously, but we do not offer a service level agreement and we do not guarantee uninterrupted access. We may take the Service down for planned maintenance and will give notice in advance where we reasonably can. Current and historical availability, along with any active incident, is published at status.tideway.co, where you can also subscribe to updates. Support is provided by email and in-app on a reasonable-efforts basis during business hours in the Pacific time zone.
Third-party services
The Service relies on third-party providers for hosting, storage, authentication, payments, email, analytics, issue tracking, and AI, and may let you connect optional integrations such as Google Contacts. Your use of a third-party service is governed by that provider’s own terms and privacy policy, and we are not responsible for third-party services. Every provider that processes personal data on our behalf is listed by name on our Sub-processors page, which we update before we add a new one. Customers under our Data Processing Agreement can ask to be notified of changes and to object to a new sub-processor on reasonable data-protection grounds.
Privacy
Your use of Tideway is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED OUTPUT.
We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected. You are responsible for maintaining your own copies of Your Data through the export tools we provide.
About our backups. We keep encrypted backups of the Service, described in our Privacy Policy. They exist so that we can recover the Service after a failure on our side, and they are not a personal archive: we do not undertake to restore an individual record, file, or account on request, we cannot recover anything you deleted once the backup holding it has expired, and nothing in this paragraph is a warranty that any particular data can be recovered. Your own exports remain the copy you should rely on.
Nothing in this section excludes a warranty or condition that the law where you live does not allow to be excluded.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERRANT TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ERRANT TECHNOLOGIES IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, or under any non-excludable consumer guarantee. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Errant Technologies and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (a) your use of the Service; (b) Your Data or any information about your clients or other third parties that you provide, upload, or share through the Service; (c) your violation of these Terms; (d) your violation of any law, including privacy or anti-spam law; (e) your violation of any third-party rights; (f) a dispute between you and a client or any other third party; or (g) any amount, fine, penalty, reversal, or fee a card network, bank, payment processor, or regulator assesses against or recovers from Errant Technologies in connection with payments taken on your connected account.
How this works in practice. We will tell you promptly about any claim we expect you to cover, give you the information you reasonably need to deal with it, and let you control the defense with counsel of your choice. We will not settle a claim in a way that admits fault on your part or imposes an obligation on you without your consent. Apart from (g), which passes through a cost someone else charges us because of payments you took, this section covers claims brought by other people. It is not a general way for us to recover our own business losses from you, and it does not apply to anything caused by our own negligence or breach.
Termination
You may stop using Tideway at any time. You can permanently delete your account and data yourself from Settings → Account. When you confirm deletion, your account and all associated data are permanently and irreversibly erased, your files are removed from storage, and your sign-in identity is deleted. This cannot be undone, so export anything you want to keep first. A minimal record that the deletion happened, and any enforcement record described in our Privacy Policy, is retained.
We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms or if required by law, as described under Suspension, restriction & enforcement. Upon termination, your right to use the Service ceases and we may delete Your Data in accordance with our Privacy Policy. Where we terminate for convenience rather than for cause, we will give you a reasonable opportunity to export Your Data first and refund any prepaid, unused fees.
Governing law & dispute resolution
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada. You consent to personal jurisdiction in those courts.
Talk to us first, and we will talk to you first. Before either of us starts a formal proceeding, that party will send the other a written description of the dispute and the outcome it wants, to legal@tideway.co in our case or to the email on your account in yours, and will allow 60 days to resolve it. We will engage with a notice you send in good faith rather than simply waiting the period out. This step does not apply to a claim for urgent injunctive relief or to a claim brought in a small claims court, and the limitation period is paused while it runs.
Claims are brought individually. To the extent the law allows, each of us may bring a claim against the other only on an individual basis, and not as a plaintiff or class member in a class, consolidated, collective, or representative proceeding. This applies equally to both of us, and it does not apply to a claim either of us brings in a small claims court. Where this paragraph is not enforceable in your jurisdiction, it simply does not apply to you and the rest of this section stands.
One year to bring a claim. Except where the law does not permit it, a claim arising out of or relating to these Terms or the Service must be brought within one year after the claim arose, by whichever of us is bringing it. A claim brought later is permanently barred.
If you use Tideway as a consumer rather than in the course of a business, this section does not deprive you of the protection of the mandatory laws of your country of residence, and nothing here prevents you from bringing a claim in your local courts where the law gives you that right.
Changes to these terms
We may update these Terms from time to time. When we do, we will revise the “last updated” date at the top of this page. For material changes, we will provide at least 14 days’ notice to registered users by email. Continued use of the Service after the notice period constitutes acceptance of the updated Terms. If you do not accept them, you may cancel and delete your account, and we will refund any prepaid, unused fees for the remainder of your billing period.
General
These Terms, together with our Privacy Policy and, where applicable, our Data Processing Agreement, constitute the entire agreement between you and Errant Technologies regarding the Service and supersede all prior agreements. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
Contact us
If you have questions about these Terms, please contact us at:
Errant Technologies Inc.
422 Richards St, Suite 170
Vancouver, BC V6B 2Z4
Canada
legal@tideway.co