Terms of Use

Introduction

Biltsome Limited (“Biltsome” or “us”, “we”, “our”) has implemented these Terms of Use to govern your use of the website cosurety.com (the “Website”), our application (the “App”) and any related software, applications, tools, communications, webpages, and any information and content relating to the foregoing, including without limitation, HTML, software, code, data, forms, text, notifications, documents, images, photographs, videos, icons, and designs (collectively, the “Content”).

You acknowledge and agree that, by accessing or using the Website, the App or the Content, you indicate that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you have no right to access or use the Website, the App or the Content. If these Terms of Use are being entered into by a corporation or other legal entity, you represent that, as an authorized representative of the corporation or other legal entity, you have the authority to enter into these Terms of Use to bind such entity, its affiliates, and its users, to these Terms of Use, in which case the terms “you” or “your” refer to such persons as well as you.

The Website, the App and the Content are not intended for use by minors (being individuals who are not of legal age in the jurisdiction in which they reside). If you are a minor, you should only use the Website, the App and the Content with the permission and under the supervision of a parent or guardian.

Privacy Policies

Our privacy policy is available at cosurety.com/privacy-policy. Your access to and/or use of the Website, the App and the Content is subject to the privacy policy. You acknowledge that you have read such privacy policy, and you hereby consent to the collection, use, and disclosure of your personal information for the purposes therein identified. You also grant us permission to anonymize or combine your personal information, if any, with that of others in a way that does not identify you or any individual personally for any business reason in our sole discretion, including without limitation to improve the Website, the App or the Content.

Information and Profile

If you opt to use the Website, the App or any of the Content, you agree to provide accurate, current and complete personal information about yourself as required, and to promptly correct, update, or complete this personal information as required. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain and update your personal information including but not limited to your failure to receive any information with respect to the Website, the App or any of the Content.

You agree and authorize us to take any necessary steps to verify the personal information you provide. If there are reasonable grounds to suspect any or all the information you provide is inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the Website, the App and the Content.

You agree that we may rely on the information you provide to send you information and notices regarding the Website, the App and/or the Content. If you register for any of our mailing lists, you agree that we may email you newsletters and promotional material. You may unsubscribe from the newsletters and other promotional material by following the unsubscribe link contained in such emails.

If you create an account or profile (a “Profile”) on the Website or the App:

1. you are solely responsible for your Profile, including without limitation the confidentiality and security of your Profile and all passwords related to your Profile, and any and all activities that occur under your Profile, including all activities of any persons who gain access to your Profile; 

2. you agree not to share your Profile with anyone; and 

3. you agree to immediately notify us of any unauthorized use of your Profile or any other breach of security with respect to your Profile, and you agree to provide assistance to us, as requested, to remedy any breach of security related to your Profile.

Access

Certain areas of the Website, the App or the Content (including without limitation any areas reserved for those who have created a Profile on the Website or the App) may be restricted from access by you at any time, for any reason, without notice to you, in our sole and absolute discretion. We are not responsible or liable for any loss, damage, or consequence arising from any such restriction, suspension, or termination of access, including without limitation any failure to meet, or delay in meeting, any deadline, submission, or other time-sensitive requirement, or any inability to prepare, submit, secure, or place any surety bond, resulting from your inability to access the Website, the App or the Content.

Conduct

You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Website, the App and the Content.

You agree not to do any of the following:

1. use the Website, the App or the Content for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;

2. use the Website, the App or the Content in a way that could harm, damage, or disrupt the Website, the App, the Content, our goods/services, or our business;

3. use the Website, the App or the Content in a way that would adversely impact use of the Website, the App or the Content by other users;

4. message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, messages, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy; (ii) violates or constitutes any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable; (iv) promotes discrimination, exploitation, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent, abusive, or threatening, or promotes violence, harassment, or actions that are threatening to any living thing; or (vi) promotes illegal or harmful activities or substances;

5. collect, use, disclose, or store personal information about any other individuals without their consent;

6. upload or otherwise disseminate any computer viruses, malware, or software that may damage the property of another;

7. reverse engineer, or attempt to reverse engineer or disassemble any Content;

8. use the Website, the App or the Content for any commercial, advertising, or marketing purpose or in any manner not permitted by these Terms of Use;

9. use the Website, the App or the Content for any purpose for which it is not designed or intended, including without limitation any Profile sharing, or file management for purposes not directly related to obtaining surety bonds;

10. violate the security of the Website or the App through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;

11. violate any applicable law or regulation or any person’s legal rights; or

12. encourage or enable any other individual or other person to do any of the foregoing.

You are responsible for the content you provide on the Website, the App or the Content.

We reserve the right to delete or remove any content that may breach these Terms of Use, and to remove, suspend, or block any user or Profile that engages in any breach of applicable law or these Terms of Use.

Intellectual Property

The Website, the App, the Content, and any portion thereof, are protected by copyright, trademark, trade secret and other proprietary and intellectual property rights and laws. Such laws may be violated by unauthorized access and/or use of the Website, the App or the Content. Users of the Website, the App or the Content are solely responsible for ensuring that they comply with any applicable intellectual property laws, including without limitation copyright, trademark, and patent laws. We do not grant any license or other authorization to you under or to any of our trademarks or other copyrightable material or other intellectual property, unless we otherwise expressly agree in writing. Except as expressly provided in these Terms of Use, the Website, the App and the Content may not be copied, reproduced, distributed, posted, downloaded, displayed, presented, transmitted, republished, modified, or otherwise exploited or used in any form or by any means without our prior express written consent.

For information about obtaining consent to use any Content, please contact us at hey@cosurety.com.

The content you provide on the Website, the App or the Content must be your own, or authorized by the third party owner of that content, and must not infringe on or violate any third party’s rights. By sharing content on the Website, the App or the Content, including without limitation by posting text, images, or videos to the Website or the App (as applicable), you agree that you are the author of that content, or that you have the express right to post it to the Website or the App, and you agree to waive and release all moral rights that may exist in that content, and you grant us the non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, host, reproduce, adapt, publish, translate and distribute it in any and all media.

Names, words, logos, designs, graphics, titles, phrases, trademarks and the like displayed on the Website, in the App or in the Content may constitute our registered or unregistered trademarks, or that of third parties that have granted us a license to use such marks.

For information about obtaining consent to use such trademarks, contact us at hey@cosurety.com.

Feedback

We may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about our Website, App and Content (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications of the Website, the App, the Content, and/or advertising and promotional materials relating thereto. You hereby grant to us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create material enhancements or improvements from, distribute and display the Feedback in any manner and for any purpose.

Services

Through our Website and the App, we provide an online platform designed to help Canadian surety brokers manage their contract surety bonds. The platform enables brokers and their clients to collect, organize, store, and manage information and documentation relating to contractors or developers and their projects – including without limitation contractor financial statements, current assets and liabilities, debt ratios, banking and facility details, and information regarding directors, officers, and shareholders – in order to assess a contractor’s financial capacity to undertake and complete a project. The platform is a data management and assessment tool only. We are not a surety, insurer, agent, or broker, and we do not issue, underwrite, place, guarantee, or administer any surety bond or insurance, and nothing on the Website, the App or the Content constitutes an offer or commitment to provide any bond, insurance, or coverage.

The Website, the App and the Content, including any assessments, scores, ratios, or other outputs relating to a contractor’s financial capacity, are provided to support your own independent evaluation and do not constitute financial, accounting, underwriting, insurance, legal, or other professional advice. We do not assess, verify, endorse, or guarantee the creditworthiness, solvency, or financial condition of any contractor or other party, or whether any contractor will undertake, complete, or perform any project or obligation. You are solely responsible for any underwriting, credit, bonding, or other decision you make, and you should obtain appropriate professional advice before making any such decision.

The Website, the App and the Content are intended to assist insurance brokers and their clients with the preparation, management, placement, and administration of contract surety bonds. We do not guarantee that the Website, the App or the Content will be available on an uninterrupted, timely, secure, or error-free basis. We are not responsible or liable for any inability to access or use the Website, the App or the Content, or for any failure or delay in preparing, submitting, securing, or placing any surety bond, arising from any internet outage, network or telecommunication failure, downtime, maintenance, or other interruption or unavailability of the Website, the App, the Content, or any third party service, whether or not within our control.

Access to the Website and the App may be made available to different types of users, including surety brokers and the contractor or developer clients of a surety broker. The surety broker has sole control over whether to invite all, some, or none of its contractor or developer clients, and is solely responsible for determining, managing, and revoking such access. We are not responsible or liable for any decision to grant, withhold, or revoke access to any contractor or developer client, or for any consequence arising from any such access or lack of access.

If you invite, grant, or enable access to the Website or the App for any contractor, developer, or other client or third party, you are responsible for that party’s access to and use of the Website, the App and the Content, including without limitation ensuring that you have all necessary rights, authority, and consents to grant such access and to share any information made available to or accessible by that party. You agree to indemnify us in accordance with the Indemnity section for any claim arising from access you grant or enable, and we are not responsible or liable for the acts, omissions, or use of the Website, the App or the Content by any party you invite or to whom you grant or enable access.

We are continually developing the Website, the App and the Content, and may add, change, suspend, limit, or discontinue any feature, functionality, or part of the Website, the App or the Content, including the availability of any feature to any type or category of user, at any time and in our sole discretion, with or without notice to you. We are not responsible or liable for any modification, suspension, or discontinuance of the Website, the App or the Content, or any feature thereof.

You are solely responsible for reviewing and verifying that the wordings, forms, and other terms of any bonding or surety contract are accurate, complete, and current before you submit, rely on, or otherwise use them. The wordings and forms of bonding contracts may change from time to time, and we may not be aware of, or have implemented, any such change at any given time. You must independently confirm that any wording or form is the then-current version before relying on or submitting it.

Any outputs, calculations, figures, numbers, or other results generated by the Website, the App or the Content are provided for general informational and convenience purposes only. We do not represent or warrant that any such output is accurate, complete, or suitable for any particular purpose, and we are not responsible or liable for any output or for any decision made or action taken in reliance on any output. You are responsible for independently reviewing and verifying all outputs before relying on them.

The functionality and any outputs of the Website, the App and the Content depend on the information and materials submitted or uploaded by users, including without limitation information entered by brokers and financial statements, bond requests and other materials uploaded by contractors or developers. We do not verify, and are not responsible or liable for, the accuracy, completeness, currency, or reliability of any information or materials submitted or uploaded by you or any other user, or for any output, decision, or result based on such information or materials.

You represent and warrant that you have all necessary rights, authority, and consents to submit or upload any information or materials to the Website or the App, including without limitation any personal information or financial information relating to contractors or developers and their directors, officers, shareholders, or other individuals, and to permit us to collect, use, store, and process such information in connection with the Website, the App and the Content.

You acknowledge and agree that we are not responsible or liable for the acts, omissions, conduct, or performance of any broker, contractor, or other user of the Website, the App or the Content, including without limitation any negligence, misrepresentation, error, fraud, or other misconduct by any such person.

Artificial Intelligence Features

The Website, the App and the Content may include features that use artificial intelligence, machine learning, or similar technologies (collectively, “AI Features”). AI Features may, among other things, scan notes and prepare summaries or to-do lists, summarize or organize complex data, and extract, scrape, or otherwise pull data and fields from financial statements and other documents and populate them into the Website or the App.

AI Features are provided for general informational and convenience purposes only. Outputs generated by AI Features may be inaccurate, incomplete, or unsuitable for your particular purpose, and you should not rely solely on any such output. You are responsible for independently reviewing and verifying any AI-generated output before relying on or acting on it.

AI Features do not, and are not intended to, replace or substitute for professional judgment or advice. Nothing generated by the AI Features constitutes legal, financial, insurance, underwriting, or other professional advice, and you should obtain appropriate professional advice before making any decision.

Third-Party Tools and Services

The Website, the App and the Content may integrate or make available tools, applications, and services provided by third parties, including without limitation DocuSign for electronic signature functionality. Your use of any such third-party tool or service is governed by the applicable third party’s own terms of use, privacy policy, and other terms, and you are responsible for reviewing and complying with those terms (including without limitation the DocuSign terms of use). We do not control, and are not responsible or liable for, any third-party tools or services, including their availability, performance, accuracy, security, or any acts or omissions of the applicable third party.

Disclaimer

Your use of the Website, the App and the Content is at your own risk. The Website, the App and the Content are provided “as is”, without representations, warranties or conditions of any kind, whether express or implied. Without limiting the generality of the foregoing, all third-party goods or services, including without limitation any open source software, are provided “as is”.

We do not make, and/or hereby disclaim, any representation, warranty, or condition of any kind, express or implied, statutory or otherwise, regarding the Website, the App and the Content (including without limitation any third party goods or services) including without limitation: (i) any representation or warranty regarding the legality, use, non-infringement or other non-violations of rights, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of the Website, the App or the Content, or the results from use of the Website, the App or the Content; (ii) any representation, warranty or condition regarding the merchantability and fitness for a particular purpose or use; or (iii) any representation or warranty that the operation of the Website, the App and the Content (including without limitation third party goods or services) will achieve any intended result, be uninterrupted or error free, be free from viruses or other harmful components, or that defects or errors will be corrected.

We are not responsible for the privacy practices of any third parties. Additionally, unless otherwise expressly stated, nothing contained on the Website, the App or the Content shall be construed as providing advice to you.

Limitation of Liability

Under no circumstances shall we (including our affiliates, officers, directors, employees, contractors, agents, and successors) be liable to you or to any third party for any indirect, general, special, consequential, incidental, compensatory (whether expectation or consequential), liquidated, pecuniary, punitive, aggravated, or nominal damages or losses, or any other damages or losses of any kind whatsoever, including without limitation damages relating to negligence; telecommunication failures; Website or App maintenance; internet delays or limitations; errors, mistakes, or omissions or inaccuracies in the Content; loss; corruption; security or theft of data; viruses; spyware; lost revenue or profits; lost or damaged data; or economic loss; regardless of the cause of action, arising directly or indirectly from the Website, the App or the Content, including without limitation the access or use of, or the inability to access or use, any or all of the Website, the App or the Content. Notwithstanding anything to the contrary contained herein, our liability to you for any direct damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of action) will at all times be limited to one hundred Canadian dollars ($100.00). The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity

By accessing and/or using the Website, the App or the Content, you agree to indemnify, defend, and hold harmless us and our affiliates, and their respective officers, directors, employees, contractors, agents, and successors from and against any and all liabilities, costs, demands, claims, causes of action, damages, losses, and expenses (including reasonable legal fees and disbursements) that may arise from or relate to: (a) your access to or use of the Website, the App or the Content; (b) any information or materials you submit, upload, or otherwise provide to the Website or the App, including without limitation any claim that such information or materials are inaccurate or infringe, misappropriate, or violate the rights of any third party, or that you lacked the rights, authority, or consents to provide them; (c) your breach of any of the provisions of these Terms of Use, or your violation of any applicable law or regulation or the rights of any third party; (d) any reliance by you or any third party on any output generated by the Website, the App or the Content, including without limitation any AI Features; and (e) your use of any third-party tools or services, or your breach of any applicable third-party terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You shall not settle any such matter in a manner that imposes any obligation or liability on, or requires any admission by, us without our prior written consent.

Dispute Resolution

You agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use, or the Website, the App or the Content, by negotiations; however, if a dispute is not resolved by negotiation within twenty (20) days of commencing negotiations, the dispute shall be submitted to arbitration by a single independent arbitrator who is acceptable to both you and us and whose expenses will be shared equally by you and us. If we cannot agree on an arbitrator, the ADR Institute of Canada will appoint an arbitrator. The determination of the arbitrator will be conclusive, final and binding on you and us. The Arbitration Act (Alberta) or successor legislation will apply to the arbitration.Notwithstanding the foregoing, each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.

Termination

We may terminate these Terms of Use, including any licenses contained or granted herein, at any time. Upon termination, you must cease to access and/or use the Website, the App and the Content. This includes, without limitation, the obligation to destroy all content, and all related documentation and all copies thereof, which you obtained from the Website, the App and the Content, whether under these Terms of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that we may direct in respect of the termination. 

Amendment

We may amend these Terms of Use at any time by posting new Terms of Use on the Website or the App. The amended Terms of Use shall automatically be effective when posted. We will post notice that the Terms of Use have been amended on the landing page of the Website or the App for thirty (30) days. The date of the version of these Terms of Use is stated at the top of the page. You agree to review such Terms of Use on a regular basis.

Electronic Communications

When you visit the Website or the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website or the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Severability

If any provision of these Terms of Use is held to be unenforceable, in whole or in part, by an applicable court of law, such holding will not affect the validity of the other provisions of the Terms of Use.

No Waiver 

At no time do we waive our rights to enforce any terms or conditions as set out in this Terms of Use, even if any provision of the Terms of Use have been previously breached or unenforced.

Governing Law

These Terms of Use and the access to and use of the Website, the App and the Content shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta, Canada.

Contact Us

For more information about these Terms of Use or any information or questions regarding the Website, the App or the Content, please contact us at hey@cosurety.com.