Updated and effective as of February 1, 2022

Welcome to the eMalaya platform!

This Notice and Policy of Use (“Use Policy”) is an important legal document that is binding on you and you should read it carefully before accessing our websites or purchasing, installing, accessing or using our services.

Introduction

These are the Terms of Use of the eMalaya Platform (“EP”), which is a service offering of Analystik Inc. (« Analystik »), a Canadian company.

These Terms of Use are intended for visitors and customers who access and use the websites listed below (“Analystik Sites”), the services offered on the Analystik Sites (the Analystik Services) or the eMalaya (EP) platform which is timesheet and invoicing software (Content).

The term Analystik Services includes your timesheets, invoices and Content for the Sites Analystik. You should also read our and Terms of Sale and Privacy Policy available through authorized links on the Analystik Sites.

The term “EP”, except when used for purposes of description, means flat -form eMalaya and/or Analystik, and “we” and “our” and other similar words refer to EP or Analystik. If you have any questions or concerns regarding the Privacy Policy or our practices, please contact us at info@analystik.ca.

The Analystik Sites are, including any subdomain names based on these web addresses:

All sensitive data will be treated by us in accordance with our Privacy Policy.

Other terms that apply to you.

These Terms of Use and Privacy Policy apply to your access to and use of the Analystik Sites, Analystik Services or eMalaya Platform. Our Privacy Policy applies to you whether you visit one of our sites, use any of our applications or services, or correspond with us by phone, email or otherwise.

These Terms of use include a waiver of class actions and waiver of jury trials, and require binding arbitration on an individual basis to resolve disputes.

1. How do you accept or consent to these Terms of Use?

By visiting any of the Analystik sites or using any of the Analystik services or using EP, you are asked to accept and to accept these terms of use. If you do not wish to accept and agree, you must exit the Analystik Site and refrain from using it or any Analystik Services. We reserve the right to update or modify these Terms of Service at any time in the future. You should check these Terms of Use regularly to ensure that you are aware of any changes. For International Users

If you live outside of Canada, visiting the Analystik sites, using our Analystik services, using EP, purchasing, downloading, installing or using our content and providing us with sensitive information, you acknowledge and agree that all of your sensitive information may be transferred, processed or accessed by entities from around the world, as described in the Privacy Policy.

Your sensitive information may be processed in the country in which it was collected and may be transferred, processed or accessed in any other country in which Analystik or its affiliates or contractors maintain facilities as described in the Privacy Policy

2. What are your terms of use of the Analystik Sites and the Analystik Services?

As a condition of your use of the Analystik Sites and the Analystik Services, you warrant that (i) you will use the Analystik Sites and the Analystik Services in accordance with these Terms of Use; (ii) all information provided by you is true, accurate, current and complete, (iii) you have read and agree to these Terms of Use, the Terms of Sale and the Privacy Policy and (iv) if you have an account with us, you will safeguard your account information and will supervise and be fully responsible for all use of your account by you and anyone other than you. We reserve the right, in our sole discretion, to deny access to and use of the Analystik Services to anyone, at any time and for any reason, including, but not limited to, violation of these Terms of Use.

3. How do you create your EP account?

In order to create the Content that Analystik Services allows you to create, we require you to create an account and password, which you can change later. You may also need to enter your email address and company name and other necessary information. Once logged into your account, you will be able to use EP. It is your responsibility to provide, maintain and update true, accurate, current and complete information about your business. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, but not limited to, use of username, another person’s password or other account information, or name, likeness, voice, image or photograph. You also agree to promptly notify Analystik of any unauthorized use of your username, password, other account information, or any other breach of security of which you become aware involving or relating to the Analystik Services. and your account.

4. What is data and what are your responsibilities and our rights in data?

Content may include your submission of data and information about you, your business, your employees and other data that you can upload via the Analystik and Analystik Services sites to create the Content. By providing us with your data, which may include sensitive information, as part of the Analystik Services, you hereby waive any expectation of privacy. If you do not want your information viewed or disclosed by others, you should not use the Analystik Services and delete your account from EP.

We, Our Licensees, and Other Users authorized will be permitted to transmit and disclose certain data through the Analystik Services, and we shall not be liable to you or anyone claiming through you for any use or disclosure of such data as contemplated in these Terms of Use and the Privacy Policy and the Terms of Sale.

In addition, you are entirely responsible for your data, and you are prohibited from posting or transmit via the Analystik Services: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic or other data, material or information that you have not been authorized to post or that violates the rights of publicity or confidentiality iality of any person or any other law or regulation, or any material that could be construed as offensive to a child or adult; (ii) any material that is violent, vulgar, obscene, pornographic or otherwise sexually explicit or harmful to any person or entity, is illegal or encourages or advocates illegal activities or the discussion of illegal activities with the intent to commit them, including including data that is or represents an attempt to engage in pornography, harassment, sexual assault, fraud, trafficking in obscene or stolen material, or a conspiracy to commit criminal activity; (iii) any commercial materials or information (including, but not limited to, advertising or marketing of any goods or services); (iv) viruses, corrupted data or other harmful, disruptive or destructive files; and (v) any data, material or information that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.

You shall be solely responsible any damage resulting from any violation of the foregoing restrictions, or any other damage resulting from your publication of your data via the Analystik Sites or the Analystik Services. You acknowledge that Analystik may exercise its rights, without notice, (e.g., rights to use, post and/or delete) under these Terms of Use, Privacy Policy and Terms of Sale.

We have the right to remove any Content that violates any applicable term of these Terms of Service, or the Privacy Policy or Terms sales applicable.

5. What activities are prohibited with respect to your use of the Analystik Sites, Analystik Services or eMalaya Platform?

Content and information provided through the Analystik Services, the Analystik Sites or the eMalaya Platform, and the infrastructure used to provide such Content and information, are the property of us and/or our suppliers and service providers, and you agree not to: (i) access, monitor or copy data, materials or information from the Analystik Services using any robot, spider, scraper or other automated means or any manual process in any purpose whatsoever without our express written permission; (ii) violate the restrictions in the Analystik Services’ robot exclusion headers, or circumvent or bypass any measures employed to prevent or limit access to the Analystik Services; (iii ) take any action that requires, or may im place, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (iv) deep link to any part of the Analystik Services for any purpose without our express written permission; or (v) “frame”, “mirror”, or otherwise incorporate any part of the Analystik Services into any other website or mobile application without our prior written permission.

6. Who is responsible for other links and websites not owned by Analystik?

These Terms of Use do not apply to any website, product or service other than ours, or to websites other persons bound in these Terms of Use use through or within the Analystik Sites, the Analystik Services or the eMalaya Platform. We recommend that you review the terms of use posted on those other websites to understand their terms of use, as they may be different from ours. We do not endorse and are not responsible for the content of other websites and cannot be held responsible for such content. These links are provided to you as a convenience, and any other websites linked from the Analystik Services should be visited at your own risk. These links are not monitored, checked for accuracy, relevance or completeness by us. The inclusion of a link in the Analystik Services does not imply a recommendation or endorsement by us of the linked website. Once you visit a website through a link provided on Analystik’s website, you are no longer covered by Analystik’s Terms of Service and should refer to the Terms of Service and Privacy Policy of the website visited.

7. What about our trademarks?

Analystik and EP (and translation into multiple languages) and other graphics, logos, designs, page headers, icons, scripts and associated trade names used on or in connection with Analystik Sites, Analystik Services or the eMalaya Platform, including our photos and videos, are registered trademarks or trade dress of Analystik, in Canada, the United States and /or in other countries. Our trademarks and trade dress may not be used, including as trademarks and/or as part of domain names, in connection with any product or service in any way that may cause confusion and may not be copied. , imitated or used, in whole or in part, without prior written permission from us. All other brand and product names used herein or in the Analystik Services are trademarks or registered trademarks of their respective owners.

8. What are the “Limited Warranties” for the Analystik Sites and Analystik Services?

THE INFORMATION, SOFTWARE, CONTENT AND SERVICES PROVIDED BY US, INCLUDING THROUGH THE ANALYSTIK SITES OR ANALYSTIK SERVICES OR THROUGH THE EMALAYA PLATFORM ARE PROVIDED TO YOU “AS IS” AND MAY INCLUDE INACCURACIES OR ERRORS. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE ANALYSTIK SERVICES ARE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THE ACCURACY AND DISCLAIM ANY RESPONSIBILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY INFORMATION, PHOTOGRAPH(S), ETC., DISPLAYED THROUGH THE Analystik SERVICES OR IN RESULTING CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CHARGES INCURRED BY USE OF THE ANALYSTIK SERVICES, INCLUDING BUT NOT LIMITED TO BANDWIDTH OVERRIDE CHARGES. FURTHER, WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, INFORMATION, SOFTWARE, AND SERVICES CONTAINED IN THE ANALYSTIK SERVICES FOR ANY PURPOSE, AND OUR INCLUSION OR OFFER OF ANY CONTAINER SERVICE DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH CONTENT OR SERVICE. ALL SUCH CONTENT, INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE CONTENT, THE ANALYSTIK SERVICES, OUR SERVERS OR ANY EMAIL SENT BY US AND/OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Analystik AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SUCH INFORMATION, SOFTWARE AND SERVICES.

VENDORS PROVIDING OTHER CONTENT, SOFTWARE, SERVICES OR INFORMATION THROUGH THE ANALYSTIK SERVICES ARE CONTRACTORS INDEPENDENT AND NOT OF AGENTS OR EMPLOYEES OF ANALYSTIK. ANALYSTIK IS NOT RESPONSIBLE FOR ITS ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE, OR THOSE OF SUCH SUPPLIERS OR ANY DAMAGES OR EXPENSES RESULTING THEREFROM.

9. What are our limitations of liability and what types of damages are excluded?

If, despite the limitations of these Terms of Use and, if applicable, the Terms of Sale, Analystik or their suppliers are liable for any loss or damage arising out of or in any way related to any of the events described above or any violation of these Terms of Use, Terms of Sale or Privacy Policy, the liability of Analystik and/or its suppliers shall in no event exceed, in the aggregate, the greater of (i) fees, if any, paid by you to Analystik in connection with the Analystik Services or Content giving rise to the liability or (ii) One Hundred Dollars CAD ($100.00 CAD) or local currency equivalent. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section shall survive and apply even if the Analystik Service in question is found to have failed of its essential purpose. The limitations of liability provided for in these terms of use apply to the benefit of Analystik and/or its suppliers.

IN NO EVENT WILL ANALYSTIK OR ITS SUPPLIERS BE HELD RESPONSIBLE FOR CONSEQUENTIAL DAMAGES, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ATTORNEY’S FEES AND EXPENSES ARISING OUT OF THE Analystik SITES, THE ANALYSTIK SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE DELAY OR INABILITY TO ACCESS THEM, THE ‘DISPLAY OR USE (INCLUDING BUT NOT LIMITED TO ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, AND OTHER SERVICES OBTAINED THROUGH THE ANALYSTIK SITES, THE ANALYSTIK SERVICES, OR OTHERWISE RESULTING FROM ACCESSING, DISPLAY OR USE OF THE ANALYSTIK SERVICES) WHETHER THEY ARE BASED ON ANY THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF Analystik OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AS PROVIDED IN SECTION 8 ABOVE, OR “LIMITED WARRANTIES”, OR THE EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES AS PROVIDED IN THIS SECTION 9 . IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. What are your obligations to defend and indemnify Analystik?

You agree to defend and indemnify Analystik and/or its suppliers and any of their officers, directors, employees and agents against any and all claims, cause of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind, including but not limited to reasonable legal and accounting fees and costs, incurred by third parties at the as a result of: (i) your violation of these Terms of Service or the documents referenced herein; (ii) your violation of any law or the rights of a third party or any dispute with a third party; (iii) your access to or use of the Analystik Sites, Analystik Services, eMalaya Platform, and Content.

11. How do we enforce these Terms of Service?

If you fail to comply with any of your obligations under these Terms of Service, we may terminate your rights granted under these Terms of Service. use and may pursue all available legal remedies to enforce these Terms of Use. If legal remedies are used to enforce these Terms of Use, you must agree to reimburse us for all legal fees and expenses arising from the dispute. You agree that our licensors referenced on or through the Services Analystik may enforce these Terms of Use with respect to their intellectual property.

12. What is the applicable law?

These Terms of Use and, where applicable, the Privacy Policy and the Terms of Sale, whether construed by a court or in arbitration, shall be governed by and construed in accordance with the laws applicable in the Province of Quebec, Canada, without regard to the provisions relating to conflicts of laws. Additional rules may also apply in your jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts sitting in the district of Montreal, Quebec, Canada for all disputes arising out of or relating to the purchase, access, use of the Analystik Services and Content, these Terms of Use , the Terms of Sale, and the Privacy Policy, which are not subject to arbitration Use of the Analystik Services is not authorized in any jurisdiction which does not give effect to all the provisions of these conditions s of Use, including without limitation this paragraph.

We do not warrant that the Analystik Services and Content are appropriate or available for use in any particular location. Those who choose to use the Analystik Services and Content are responsible for compliance with all applicable laws, including applicable local laws.

13. What other terms do you need to understand?

a. How will we notify you of any changes to these Terms of Service and when will these changes take effect?

We reserve the right to update or change these Terms of Service at any time in the future and when we do, we will revise the “last updated” date provided at the top of these Terms of Service. We will notify the members responsible for your Analystik account of material changes to these Terms of Use by sending a notice to the email address or by placing a notice on our Analystik site.

Analystik may ask you to agree to the updated Terms of Service in a specific manner before use of the Analystik Sites, Analystik Services or eMalaya Platform is authorized. For example, if you personalized content last year under last year’s Terms of Service, then accessed that same Personalized Content this year after the effective date of these Terms of Service then these current Terms of Service will apply to your use of such content after the effective date of these current Terms of Service.

If you do not agree to any changes after receiving notice of change, you must cease using the Analystik Site and the Analystik Services and delete your Analystik Account. You should review these Terms of Use periodically to ensure that you are aware of any changes. You should review these Terms of Use periodically to ensure that you are aware of any changes.

b. How do we respond to law enforcement or legal requests?

Our performance of these Terms of Service is subject to applicable laws and legal process, and nothing in these Terms of Service use does not limit our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Analystik Services, Content, or any information provided or collected by us with respect to of such use.

c. What if any of these Terms of Service is found to be unenforceable?

If any part of these Terms of Service is found to be invalid, illegal or unenforceable , the validity, legality and enforceability of the remaining provisions shall not be affected or altered in any way.

d. What constitutes our entire agreement with you?

These Terms of Service and any other terms and conditions referenced herein (including the Policy Privacy Policy and the Terms of Sale incorporated herein), including any End User License Agreement, constitutes the entire agreement between you and Analystik with respect to the Analystik Services and Content, and this entire Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or in writing, between you and Analystik with respect to the Analystik Services and Content.

e. How will we notify you and document our agreements using electronic communications?

A printed version of the Terms of Service and any notices given in electronic form will be admissible in legal proceedings or administrative matters based on or related to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

By using any of the Analystik Sites, Services or Analystik Content, Analystik may ask to consent to receive certain electronic communications from us, as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communication practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications.

f. Google Maps and Google Earth

Because some of our features may use Google Maps or Google Earth, you understand and agree that you are also bound by Google Maps/Google Earth Additional Terms of Service and Google’s Privacy Policy.

What is the dispute resolution process for these Terms of Service of the Privacy Policy, and Terms of Sale, Analystik Sites, Analystik Services or eMalaya Platform?

Except restriction of use of courts, all claims and disputes (other than claims involving the protection of our intellectual property rights or other equitable relief as set forth below) related to these Terms of Use, Privacy Policy, Terms of Sale, to Analystik Sites and Analystik Services and Content which may not be informally resolved in the Court of Quebec, Small Claims Division, will be resolved by binding arbitration on an individual basis in accordance with the terms of this arbitration agreement. The arbitration will be conducted in English or French, unless otherwise agreed.

To the extent permitted by applicable law, you agree to bring any claim or cause of action arising out of or relating to your access or use of the Content, Analystik Sites, Analystik Services, or the eMalaya Platform within one year from the date such claim or action arose or accrued or such claim or cause of action will be irrevocably abandoned. Before requesting arbitration, you agree to first contact us in writing describing your issues and concerns and what you would like Analystik to do to resolve your issues and concerns. The notice would be sent to the following address: 1430, rue Bélanger, Montreal (Quebec) H2G 1A4.

If 60 days after receipt of your written notification, we are unable to resolve your problems or concerns, either party may initiate arbitration proceedings.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party will bear its own costs (including attorneys’ fees) and disbursements arising from the arbitration and will pay an equal share of the fees and costs of ADR.

If the arbitration is initiated, the arbitrator will decide the rights and responsibilities, if any, of you and Analystik, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator has the power to grant motions that settle all or part of any claim. The arbitrator shall have the authority to award damages and to award any non-monetary remedy or relief available to an individual under applicable law, the ADR provider’s rules, these Terms of Use, and Terms of Sale as applicable, including any end user license agreement. The arbitrator shall issue a written award and a decision statement describing the material findings and conclusions on which the award is based, including the calculation of any damages awarded pursuant to these Terms of Service and the Terms of Sale as in effect. The arbitrator has the same authority to award relief on an individual basis as a judge of a court would have. The arbitrator’s decision is final and binding on you and Analystik.

Arbitration proceedings are generally more limited, more efficient and less costly than the rules applicable in court and are subject to review very limited by a court.

UNLESS SUCH LIMITATION IS PROHIBITED IN YOUR JURISDICTION, ALL CLAIMS AND DISPUTES UNDER THIS ARBITRATION AGREEMENT SHALL BE ARBITRATED OR DISPUTED ON AN INDIVIDUAL AND NOT CLASS BASIS, AND MORE CLAIMS THEIR CLIENTS OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANOTHER CLIENT OR USER.

The arbitration proceedings and any award will be strictly confidential and will not be disclosed to any third party, except to the extent possible or as required by law or to enforce this arbitration agreement before a court.

If any part of this arbitration agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way whatever.

This arbitration agreement shall survive the termination of your relationship with Analystik.

This arbitration agreement does not apply to patent infringement or misappropriation , copyright, Analystik’s trademark or trade secrets.