Terms of use

1. The Services

The Services provide general information about Dalmay, our products and technology narrative, and related content (including blog articles and resources). Features may change over time. Certain areas (such as an administrative portal) may be available only to authorized users under separate credentials and policies.

2. Eligibility

You must be at least the age of majority in your province or territory of residence (and in any event at least 18 years old where required by law) to use the Services. By using the Services, you represent that you meet this requirement.

3. Ontario, Canadian consumer protection, and CASL

Consumer protection: If you are a consumer (an individual acquiring goods or services for personal, family, or household use) located in Ontario, the Consumer Protection Act, 2002 (Ontario) may give you rights that cannot be waived or restricted except as permitted by that Act. Similar legislation may apply elsewhere in Canada. Nothing in these Terms limits non-waivable rights you have under applicable consumer protection laws in your province or territory of residence.

Anti-spam (CASL): You must not use the Services to send unauthorized commercial electronic messages (as defined in Canada’s Anti-Spam Legislation), to harvest electronic addresses without consent, or to help others do so. You are responsible for compliance with CASL and similar laws when you communicate with third parties in connection with your use of the Services.

Currency: Unless we say otherwise, dollar amounts on the Services or in these Terms are in Canadian dollars (CAD).

4. License and acceptable use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. You agree not to:

• Use the Services in violation of applicable Canadian or foreign law or third-party rights, or for any unlawful, fraudulent, harassing, defamatory, or harmful purpose;
• Attempt to gain unauthorized access to our systems, other users’ accounts, or non-public areas of the Services;
• Probe, scan, or test the vulnerability of the Services, or bypass or circumvent security or access controls;
• Use automated means (including bots, scrapers, or harvesters) to access the Services in a way that imposes an unreasonable load or interferes with others’ use, except as allowed by public search engine indexing at reasonable volumes;
• Copy, modify, distribute, sell, or lease any part of the Services or our content except as expressly permitted;
• Remove or alter any proprietary notices, branding, or metadata on the Services or materials we provide.

5. Accounts and security

If you create an account or receive credentials for restricted areas, you are responsible for safeguarding your login information and for all activity under your account. Notify us promptly through our Contact page if you suspect unauthorized use.

6. Forms, submissions, and user content

When you submit information through contact forms, waitlists, investor inquiries, blog comments, or similar features, you represent that your information is accurate to the best of your knowledge and that you have the right to submit it. You grant Dalmay a non-exclusive, worldwide, royalty-free license to use, host, reproduce, and display such content as reasonably necessary to operate and improve the Services, respond to you, and comply with law. You retain ownership of your content subject to the rights you grant here.

We may moderate, remove, or refuse to display user content that violates these Terms, our policies, or applicable law.

7. Intellectual property

The Services, including software, text, graphics, logos, layouts, videos, and other materials, are owned by Dalmay or our licensors and are protected under Canadian and international copyright, trademark, and other intellectual property laws. Except for the limited license above, no rights are granted to you. “Dalmay” and related marks are trademarks of Dalmay or its affiliates; third-party names may be trademarks of their respective owners.

8. Third-party links and services

The Services may link to third-party websites or services. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.

9. No investment, legal, or tax advice

Content on the Services is for general information only and does not constitute an offer to sell or a solicitation to buy any security or investment product in any jurisdiction, including under Canadian securities laws. Nothing on the Services is investment, legal, tax, or accounting advice. You should consult qualified professionals before making financial or legal decisions. Past performance or hypothetical scenarios do not guarantee future results.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CANADA (INCLUDING THE LAWS OF ONTARIO AND CANADA), DALMAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, our warranties are limited to the maximum extent permitted.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CANADA, IN NO EVENT WILL DALMAY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR (B) THE AMOUNTS YOU PAID DALMAY FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (IF ANY SUCH FEES APPLY).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including liability for gross negligence, fraud, or willful misconduct, or other non-waivable rights, where applicable). Consumer protection laws in your province or territory may also restrict certain limitations or waivers.

12. Indemnity

You will defend, indemnify, and hold harmless Dalmay and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees on a solicitor-and-client basis where permitted by law) arising out of or related to your use of the Services, your content or submissions, or your violation of these Terms or applicable law.

13. Privacy

Our collection and use of personal information is described in our Privacy policy, which is designed to align with applicable Canadian privacy law (including PIPEDA, where it applies). By using the Services, you acknowledge that we may process information as described there.

14. Suspension and termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, pose a security risk, or if we are required to do so by law. Provisions of these Terms that by their nature should survive will survive termination (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law).

15. Governing law and venue

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles that would refer to another jurisdiction. Subject to mandatory rules that cannot be contracted out (including consumer protection and employment standards where they apply), you agree that the courts of Toronto, Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services. You may also have rights to bring proceedings in your home province or territory where required by applicable law.

16. General

Entire agreement. These Terms, together with our Privacy policy and any supplemental terms we provide, constitute the entire agreement between you and Dalmay regarding the Services.

Assignment. You may not assign these Terms without our consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.

No waiver. Failure to enforce any provision is not a waiver of our rights.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

Language. The English language version of these Terms prevails if there is a conflict with a translated version, subject to any rights you may have under Québec’s language laws if you are a qualifying Québec consumer.

17. Changes to these Terms

We may modify these Terms from time to time. We will post the updated Terms on this page and update the effective date above. If changes are material, we may provide additional notice where appropriate under applicable law. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms, subject to any non-waivable rights you have as a consumer.

18. Contact

For questions about these Terms, contact us through our Contact page.