Terms of Service

This website (the "Site") is operated by Capably Human Inc. ("Capably Human", "we", "us", or "our"), a company incorporated under the Canada Business Corporations Act (federal), Canada. You can reach us through the contact form on the Site.

These Terms of Service ("Terms") govern your access to and use of the Site, including all pages, content, and features made available through it.

These Terms do not apply to the Capably Human platform or any other products or services we offer. Access to and use of the Capably Human platform is governed by separate agreements, and nothing on the Site creates any right of access to the platform or any other service.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you must not use the Site. If you use the Site on behalf of a company or other organization, you confirm you have authority to bind that organization, and "you" includes both you and that organization.

You must be at least the age of majority in your jurisdiction — or use the Site under the supervision of a parent or guardian — to submit information through the Site.

You may use the Site for lawful purposes only. In particular, you agree not to:

• Interfere with or disrupt the Site, its servers, networks, or security features, or attempt to do so
• Attempt to gain unauthorized access to any part of the Site, other users' information, or our systems
• Probe, scan, or test the vulnerability of the Site, or circumvent any security or access controls
• Introduce viruses, malware, or any other harmful code or material
• Use automated means (bots, scrapers, crawlers) to access the Site in a way that burdens, disrupts, or harms it, or to extract data at scale — including for training machine-learning or AI models — without our prior written permission
• Copy, reproduce, republish, frame, or otherwise exploit the Site or its content for commercial purposes without our written permission
• Misrepresent your identity or affiliation, including when submitting the contact form
• Use the Site in any way that violates applicable laws or regulations, or that infringes the rights of others

We may investigate suspected violations and cooperate with law enforcement where appropriate.

The Site and all of its content — including text, graphics, logos, icons, images, page layouts, and underlying code and design — are owned by Capably Human or its licensors and are protected by copyright, trademark, and other intellectual property laws in Canada and internationally.

"Capably Human", the Capably Human logo, and any related names and marks are trademarks of Capably Human Inc. Nothing in these Terms grants you any right to use them without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Site and its content for personal, non-commercial, informational purposes. You may print or download extracts for your own reference, provided you keep all copyright notices intact. All other rights are reserved. This licence ends automatically if you breach these Terms.

If you choose to send us ideas, suggestions, or feedback about the Site, you agree we may use them without restriction or compensation, and without any obligation of confidentiality.

The only personal information we collect through the Site is what you choose to submit via our contact form — such as your name, email address, and the contents of your message. We use this information solely to respond to and manage your enquiry.

When you submit the contact form, you confirm that the information you provide is accurate and that you are entitled to provide it. Please do not submit sensitive personal information (such as health, financial, or government-identifier details) through the form.

For full details on how we collect, use, store, and protect personal information — and the rights available to you under applicable privacy laws, including GDPR (Europe), PIPEDA (Canada), and similar laws elsewhere — please see our Privacy Policy, which forms part of your relationship with us but is a separate document from these Terms.

The Site may contain links to third-party websites or resources. These links are provided for convenience only. We do not control, endorse, or assume responsibility for the content, products, services, or privacy practices of any third-party site. Accessing third-party sites is at your own risk, and any dealings you have with third parties are solely between you and them.

We aim to keep the Site available and functioning, but we do not guarantee that it will be uninterrupted, error-free, or free of harmful components. We may suspend, withdraw, restrict, or change all or any part of the Site at any time, without notice, including for maintenance, security, or business reasons. We are not liable to you if the Site is unavailable at any time or for any period.

The Site and its content are provided on an "as is" and "as available" basis, for general information only.

Content on the Site is not, and should not be relied upon as, professional, financial, investment, tax, or legal advice. You should obtain appropriate professional advice before acting on anything you read on the Site.

To the fullest extent permitted by applicable law, we disclaim all warranties, representations, and conditions of any kind — express, implied, or statutory — including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and completeness. We do not warrant that the content on the Site is current, complete, or free of errors.

To the fullest extent permitted by applicable law:

• Capably Human, its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including loss of profits, revenue, data, goodwill, or business opportunity — arising out of or in connection with your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages.
• Our total aggregate liability to you for all claims arising out of or relating to the Site or these Terms will not exceed one hundred Canadian dollars (CAD $100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including (where applicable) liability for fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

If you are a consumer, you retain all mandatory statutory rights and remedies under the laws of the country or region where you live — including consumer protection laws of the European Union, the United Kingdom, Canada, the United States, and other jurisdictions — and nothing in these Terms limits or excludes those rights.

If you are using the Site on behalf of a business or other organization, you agree to indemnify and hold harmless Capably Human and its directors, officers, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Site. This section does not apply to you if you are using the Site as a consumer, to the extent such an obligation is unenforceable under the consumer protection laws that apply to you.

We may suspend or terminate your access to the Site, without notice, if we reasonably believe you have breached these Terms or applicable law, or where necessary to protect the Site, our users, or third parties. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and governing law — will survive.

We may update the Site and these Terms from time to time — for example, to reflect changes in the Site, our business, or applicable law. The "Last updated" date at the top of this page reflects the latest version. Material changes take effect when posted on this page. Your continued use of the Site after changes are posted means you accept the updated Terms; if you do not agree to a change, you should stop using the Site.

These Terms, and any dispute or claim arising out of or in connection with them or the Site (including non-contractual disputes), are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules.

Subject to the paragraph below, you and we agree that the courts of the Province of Ontario will have jurisdiction over any such dispute.

If you are a consumer, this choice of law and forum does not deprive you of the protection of mandatory provisions of the law of the country or region where you reside, and you may be entitled to bring proceedings in your local courts where applicable law requires. Nothing in these Terms limits your right to bring a claim before a competent consumer or data-protection authority.

Before starting any formal proceedings, we encourage you to contact us first so we can try to resolve the issue informally.

• Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
• No waiver. Our failure or delay in enforcing any provision of these Terms is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
• Entire agreement. These Terms constitute the entire agreement between you and us regarding your use of the Site and supersede any prior understandings on that subject.
• No third-party rights. These Terms do not create any rights enforceable by anyone who is not a party to them.
• Language. These Terms are drafted in English. Any translation is provided for convenience only; the English version prevails to the extent permitted by applicable law.

Questions about these Terms? Reach us via the contact form on the Site.