1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Dyanet Inc. ("Dyanet," "we," "us," or "our") governing your access to and use of the website at www.dyanet.com and all associated Software as a Service (SaaS) platforms, applications, and services (collectively, the "Services").

By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Services

Dyanet Inc. provides the following Services, each subject to these Terms and any applicable Service-specific terms:

Uptime: A monitoring and availability platform that tracks the performance and uptime of web services, servers, and applications, providing real-time alerts and historical reporting.

ILM (Integrated Learning Management): An education software platform that enables organizations and educational institutions to create, manage, and deliver learning content, track learner progress, and administer assessments.

Azer, Nexus, and Oxus Suite: A suite of application, integration, and middleware servers designed for enterprise deployment, interoperability, and scalable service delivery.

QAIM: A security and OpenID Connect (OIDC) compliant authentication server providing identity management, single sign-on (SSO), and token-based access control.

Domain, Certificate, and Server Sales: Internet domain registration facilitation, TLS/SSL certificate procurement, server provisioning, and eCommerce facilitation applications that enable businesses to establish and maintain their online presence.

3. Account Registration and Security

Certain Services require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at security@dyanet.com of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations. You shall not: use the Services to transmit any unlawful, harassing, defamatory, or otherwise objectionable content; attempt to gain unauthorized access to any part of the Services, other accounts, or systems; interfere with or disrupt the integrity or performance of the Services; use the Services to distribute malware, spam, or engage in phishing; reverse engineer, decompile, or disassemble any aspect of the Services; use the Services in any manner that could damage, disable, or impair the Services; resell, sublicense, or redistribute the Services without our prior written consent; or use automated means (bots, scrapers) to access the Services except through our published APIs.

5. Subscriptions, Fees, and Payment

Access to certain Services or features requires a paid subscription. All fees are stated in the applicable subscription plan and are exclusive of taxes unless otherwise indicated. Payment is processed through our payment processor (currently Stripe). By providing payment information, you authorize us to charge the applicable fees to your chosen payment method.

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We reserve the right to modify pricing with at least 30 days’ notice prior to your next billing cycle. Refunds are provided in accordance with our refund policy published on the applicable Service page. Non-payment may result in suspension or termination of your access to the Services.

6. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, software, and underlying technology, are the property of Dyanet Inc. or its licensors and are protected by Canadian, United States, and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited right to use the Services as expressly authorized.

You retain ownership of any content you submit, upload, or create through the Services ("User Content"). By submitting User Content, you grant Dyanet a non-exclusive, worldwide, royalty-free license to use, process, and store such content solely as necessary to provide the Services to you.

7. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We process your data in accordance with applicable data protection laws, including PIPEDA (Canada), and maintain appropriate technical and organizational measures to protect your information. For enterprise customers, data processing agreements are available upon request.

8. Service Level and Availability

We strive to maintain high availability of our Services. Specific service level commitments, where applicable, are set forth in separate Service Level Agreements (SLAs) for enterprise and paid subscription customers. We reserve the right to perform scheduled maintenance, during which Services may be temporarily unavailable. We will provide reasonable advance notice of planned maintenance where practicable.

9. Third-Party Services and Integrations

Our Services may integrate with or contain links to third-party services, including domain registrars, certificate authorities, cloud providers, and payment processors. These third-party services are governed by their own terms and privacy policies. Dyanet is not responsible for the availability, accuracy, or content of third-party services, and your use of such services is at your own risk.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. DYANET DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

For domain registration, certificate issuance, and server provisioning services, Dyanet acts as a facilitator and is not the registrar, certificate authority, or hosting provider of record. Availability and issuance are subject to the terms and policies of the applicable third-party provider.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DYANET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DYANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DYANET IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Dyanet Inc. and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: your use of the Services; your violation of these Terms; your violation of any applicable law or regulation; your User Content; or your violation of any third-party rights.

13. Termination

You may terminate your account at any time by contacting us or through the account settings in the applicable Service. We may suspend or terminate your access to the Services at any time, with or without cause, upon reasonable notice. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.

Upon request made within 30 days of termination, we will provide you with a copy of your data in a standard machine-readable format, after which your data will be deleted in accordance with our data retention policies.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved through good-faith negotiation, followed by binding arbitration administered in accordance with the rules of the ADR Institute of Canada, conducted in the English language in Ontario, Canada. Nothing in this section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes, we will provide additional notice (such as email notification) to registered users. Your continued use of the Services after such changes constitutes acceptance of the updated Terms. If you do not agree with any changes, you must discontinue use of the Services.

16. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any applicable Service-specific terms, constitute the entire agreement between you and Dyanet regarding the Services.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure: Dyanet shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, or internet service interruptions.

17. Contact Us

If you have questions or concerns about these Terms, please contact us at:

Dyanet Inc.
Legal Department
Canada: 21 Simcoe St S., Oshawa, ON L1H 4G1
United States: 500 Greentree Centre, Suite 104, Marlton, NJ 08053
Email: support@dyanet.com
Phone: +1 416 838 4699