Skip to Content

TERMS AND CONDITIONS — OKIFF

Last Updated: October 2026

Provider: 9453-7313 Québec Inc. / Okiff (“Company”, “we”, “us”, “our”)

Headquarters: Montreal, Quebec, Canada

Contact: [email protected]

Privacy Officer Contact: [email protected]

1. Language of the Contract / Langue du contrat

In accordance with Section 55 of the Charter of the French Language (Quebec), you acknowledge that the French version of these Terms and Conditions was made accessible to you prior to entering into this agreement.

Les parties aux présentes confirment leur volonté expresse que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en langue anglaise après avoir eu accès à la version française. (The parties confirm their express wish that this agreement and all related documents be drawn up in English after having had access to the French version.)

2. Scope and Acceptance

These Terms and Conditions govern your access to and use of Okiff’s sovereign edge cloud services, platforms, APIs, software, and website (the “Services”).

  • Clickwrap Enforceability: By checking the acceptance box during account registration, checkout, or deployment, you expressly agree to be bound by these Terms. Browsewrap or implied consent through browsing alone is not recognized under Article 1435 C.c.Q.

  • Capacity: You represent that you are of legal age of majority in your jurisdiction of residence and possess the full capacity to enter into binding agreements.

3. User Accounts, Security, and Acceptable Use

  • Account Credentials: You are responsible for safeguarding your credentials, API keys, and two-factor authentication tokens. You must notify us immediately of any unauthorized access.

  • Prohibited Conduct: You agree not to:

    • Deploy unlawful, malicious, or abusive code, denial-of-service vectors, or automated scrapers;

    • Probe, scan, or breach system vulnerabilities without explicit prior authorization;

    • Infringe third-party intellectual property, privacy, or moral rights;

    • Use the Services to train public artificial intelligence models without Okiff's express written authorization.

4. Subscriptions, Pricing, and Payment Terms

  • Transparent Pricing: All fees, hourly rates, bandwidth charges, and subscription prices are clearly itemized before purchase, excluding applicable GST and QST, which are calculated and displayed at checkout in accordance with CPA Section 54.4.

  • No Hidden Fees: In compliance with Article 12 of the CPA, no costs or extra fees may be claimed from a consumer unless the precise amount has been disclosed in the order confirmation.

  • Billing Cycles: Subscriptions are billed in advance on a recurring monthly or annual basis.

5. Unilateral Modifications to Terms and Services

In compliance with Article 11.2 of the Quebec Consumer Protection Act:

  • Notice Requirement: Any unilateral amendment to non-essential elements of the Services or these Terms will be communicated via written notice sent to your registered email address at least thirty (30) days prior to the effective date.

  • Content of Notice: The notice will state the proposed change, the previous clause, the effective date, and your right to decline.

  • Right to Cancel: If an amendment increases your obligation or reduces our obligation, you may refuse the modification and terminate your subscription without penalty, fees, or cancellation indemnity within thirty (30) days of the effective date.

6. Legal Warranties and Service Level

  • Consumer Statutory Warranties: For individuals acquiring Services as consumers under the CPA, statutory legal warranties of fitness for purpose, durable operation, and conformity with descriptions automatically apply (CPA Sections 37, 38) and cannot be waived or disclaimed.

  • Commercial (B2B) Use: For business counterparties, Services are provided on a commercially reasonable availability basis subject to our specific Service Level Agreement (SLA).

7. Limitation of Liability and Exoneration

To the extent permitted by the Civil Code of Québec (including Article 1474 C.c.Q.) and Section 10 of the CPA:

  • No Exoneration for Gross Fault: Nothing in these Terms excludes or limits Okiff’s liability for its own intentional acts, gross negligence (faute lourde), or bodily injury/moral damage.

  • Direct Damages Cap: In standard commercial (B2B) matters, Okiff’s aggregate contractual liability is limited to proven direct damages, up to the total amounts paid by you to Okiff in the twelve (12) months preceding the incident. Neither party shall be liable for indirect, punitive, or consequential damages.

8. Intellectual Property and Proprietary Rights

  • Okiff IP: All software, edge architecture, firmware, trademarks, logos, and UI assets remain the exclusive property of Kiffcom Inc. and its licensors.

  • Customer Content: You retain ownership of all applications, data, and workloads deployed onto Okiff infrastructure. You grant Okiff only the limited license necessary to host, route, process, and secure your workloads as instructed.

9. Privacy and Data Governance (Law 25 Compliance)

  • Data Protection: Personal information is collected, processed, and retained in compliance with Quebec Law 25 (Act to modernize legislative provisions as regards the protection of personal information) and applicable Canadian federal law (PIPEDA).

  • Transparency & Consent: We do not activate optional tracking, marketing cookies, or third-party analytical profiling without your active, opt-in consent.

  • Privacy Officer: Inquiries, data access, rectification, or deletion requests should be directed to our designated Person in Charge of Personal Information Protection at [email protected].

10. Governing Law and Dispute Resolution

  • Applicable Law: These Terms and any dispute arising out of or related to them are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

  • Consumer Forum Selection: If you are a consumer under the Quebec CPA, legal proceedings must be instituted in the competent court of the judicial district of your residence in Quebec.

  • Commercial (B2B) Forum Selection: For all non-consumer business entities, the courts situated in the Judicial District of Montreal, Province of Quebec, shall have exclusive jurisdiction.

11. Contact and Notice Delivery

Written notices under these Terms may be delivered to:

9453-7313 Québec Inc. (Okiff)

Attn: Legal Department

Montreal, Quebec, Canada

Email: [email protected]