1. Alpha Participation & “As-Is” Status
By accessing or using the alpha version of the software application (the “App”) provided by EQPMGR Software Inc. (“the Company”), you acknowledge that the App is currently in an early testing phase. The App is provided strictly on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. The Company does not guarantee that the App will be uninterrupted, error-free, secure, or free of data loss.
2. Limitation of Liability & Indemnification
To the maximum extent permitted by applicable law, in no event shall EQPMGR Software Inc., its directors, officers, employees, or shareholders be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses arising out of your participation in this alpha phase.
You agree to defend, indemnify, and hold harmless EQPMGR Software Inc. from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these terms or your use of the App.
3. Governing Law & Jurisdiction
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in British Columbia.
4. Modifications and Termination
The Company reserves the right to modify, suspend, or terminate the App, your access to the App, or these Terms at any time, with or without notice, for any reason.
5. Intellectual Property & Digital Twins
All right, title, and interest in and to the App, including but not limited to the software, algorithms, data tracking logic, proprietary data-mapping methodologies, the “digital twin” simulation architecture, user interface designs, and all associated intellectual property rights, are and will remain the exclusive property of EQPMGR Software Inc. Your participation in this alpha testing phase grants you a limited, non-exclusive, non-transferable, revocable license to use the App solely for testing purposes. You agree not to decompile, reverse engineer, replicate, or attempt to extract the source code or proprietary logic of the App’s maintenance-triggering and data-modeling systems.
6. Third-Party Data Integration (Fitness & GPS Services)
The App relies on integration with third-party fitness tracking platforms (such as Strava) to calculate simulated wear and tear. EQPMGR Software Inc. is not responsible for the accuracy, availability, or delivery of data from these third-party services.
You acknowledge that any breakdown in data transmission from a third-party app may result in inaccurate maintenance reporting, and the Company is not liable for any mechanical failures, data gaps, or missed maintenance events resulting from third-party service disruptions.
7. Simulation Disclaimer & Equipment Safety
Important Safety Notice: The wear-and-tear metrics, component lifespans, and maintenance triggers generated by the App are simulations based on predictive data models. They are intended as informational guidelines and do not replace professional mechanical inspections, manufacturer guidelines, or common-sense equipment safety.
You acknowledge that riding a bicycle inherently carries risks of equipment failure and physical injury. EQPMGR Software Inc. explicitly disclaims any liability for physical injury, property damage, or mechanical failure resulting from reliance on the App’s simulated maintenance schedules.
8. Strict Privacy & Functional Cookies Disclaimer
We value your privacy and believe your data belongs to you. The App uses cookies and local storage tokens solely for essential functional purposes—such as keeping you logged in, securing your session, and maintaining the performance of your software instance.
We do not track your outside browsing activity, we do not monitor your shopping habits, and we absolutely do not sell, rent, or trade your personal data, fitness metrics, or equipment profiles to third-party advertisers or brokers. Any data collected is used strictly to power the digital twin simulation and facilitate the maintenance features you interact with inside the EQPMGR ecosystem.