Terms of Service
These Terms of Service (“Terms”) govern your use of websites and services operated by WinterHowl Studios Ltd. (“WinterHowl”, “we”, “us”), including winterhowl.com, WinterHowl accounts, and our software products. By using our services, you agree to these Terms.
Our services
WinterHowl provides custom software development and software products. Specific products may have additional terms. Use of Shift is also governed by the Shift Terms of Service, including important limitations on compliance-related features where applicable.
Accounts
You are responsible for maintaining the confidentiality of your account credentials and for activity under your account. You must provide accurate information and notify us of unauthorized access. We may suspend or terminate accounts that violate these Terms or pose a security risk.
Acceptable use
You agree not to:
- Use our services unlawfully or to infringe others’ rights;
- Attempt to gain unauthorized access to systems or data;
- Interfere with or disrupt the services;
- Upload malware or abuse contact or support channels.
Subscriptions and payment
Paid products are billed as described at purchase. Fees are generally non-refundable except where required by law or stated otherwise. Subscription management and payment processing may be handled through Stripe or other designated providers.
Intellectual property
We retain rights in our software, branding, and content. You retain rights in data you submit. You grant us a limited license to host and process your data solely to provide the services.
Disclaimer of warranties
Our services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
Limitation of liability
To the fullest extent permitted by law, WinterHowl and its directors, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of the services. Our total liability for any claim relating to the services will not exceed the greater of (a) amounts you paid us for the service in the twelve months before the claim, or (b) one hundred Canadian dollars (CAD $100), except where liability cannot be limited by applicable law.
Indemnity
You agree to indemnify and hold WinterHowl harmless from claims arising out of your use of the services, your data, or your violation of these Terms, except to the extent caused by our gross negligence or willful misconduct.
Governing law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Courts in Alberta will have exclusive jurisdiction, subject to mandatory consumer protections in your jurisdiction.
Changes
We may update these Terms. Material changes will be posted on this page with an updated date. Continued use after changes take effect constitutes acceptance.
Contact
Questions about these Terms: contact us through winterhowl.com.