Verifast Terms & Conditions

Terms of Use

Last updated: October 17, 2025

These Terms of Use form an agreement between Verifast,Inc. (“Verifast”, “us”, “we”, “our”) and you. The term "you" refers to the person or entity browsing, accessing or otherwise using the services (“use” or “using” in these Terms of Use will mean any of the foregoing) who are generally our agents.

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The following terms of use (the “Terms of Use” or “Terms”) govern your access to and use of: (a) our website located at https://verifast.com, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Verifast Website”); (b) our products and services including but not limited to the VeriFast proprietary screening platform (the “VeriFast Platform”); (c) any videos, text, pictures, media, data, text, information and other materials or content (collectively, the “Content”) contained on or provided through the Verifast Website and the platforms; and (d) all other Content, products or services provided by us to you (collectively, (a) to (d) will be defined hereafter as the “Services”). 

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BY USING THE SERVICES, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (II) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE SERVICES IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS, AS UPDATED FROM TIME TO TIME. IF YOU ARE USING THE SERVICES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

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1. Ownership of the Services and Its Content

The Services utilize a VeriFast Platform that allows its clients to screen and verify end users (“End Users”).

The Services and all of the Content, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Verifast, our licensors, and certain other third parties.  All rights, titles, and interests in and to the Content and Intellectual Property available via the Services is the property of Verifast, our licensors or certain other third parties, and is protected by applicable copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Verifast owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.  These Terms do not grant you a license to use any trademark of ours or of our affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.  All rights not expressly granted to you in these Terms are reserved.

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2. License to the Services

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license to use and right to access the Services through a generally available mobile device, web browser or the VeriFast Website to view the information, materials, or other data submitted by individual users (collectively, “End User Information”) and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host End User Information for others. Any commercial use not expressly authorized is prohibited. 

3. Access to the Services

We retain the right, at our sole discretion, to deny you access to the Services, at any time and for any reason, including for violation of these Terms. You will cease and desist from any such access or use immediately upon request by us.

4. Services 

VeriFast shall provide you with the Services (including the provision of any Deliverables (defined below)) described in this Agreement and in any mutually executed statements of work issued under this Agreement (each, an “SOW”) or a purchase order. 

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Each SOW or purchase order shall be deemed to incorporate all terms and conditions of this Agreement, and all SOWs and purchase orders shall be incorporated into and form a part of this Agreement. In the event of a conflict or inconsistency between the terms of this Agreement and the terms of an SOW or a purchase order, the terms of this Agreement shall control (unless such SOW or purchase order expressly states that its terms prevail with respect to specific provisions in this Agreement).

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5. Subscription Term

The term of these Terms begins on the Effective Date of the first SOW or Purchase Order incorporating these Terms and will continue until terminated. Except as otherwise agreed in the SOW or the purchase order, (a) each SOW or each purchase order will automatically renew for a successive one-year renewal term (“Renewal Term”) unless either party provides written notice of its intent to terminate the SOW or the purchase order at least 30 days prior to the end of the then-current term, and (b) the fees in each Renewal Term will be set at VeriFast then-current year over year percentage fee increase.

6. Your Eligibility; Your Responsibility

To be eligible to use the Services, you represent and warrant that: (i) if you are a sole proprietor, you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) you are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) you will only maintain one account at any given time; (iv) you have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (v) you will not violate any rights of VeriFast or a third party.

You assume all responsibility for your use of, and access to, the Services. Accounts are for a single company, other legal entity, or sole proprietorship, as applicable. Any multiple-party use, other than multiple users for a single company or other legal entity, is prohibited. For example, sharing a login between sole proprietors is prohibited.

End User profiles expire after five (5) years. A renewed profile includes valuable information for our clients. End User profiles are being provided free of charge.

By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information, including user contact information, accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.

7. Fees and Payment 
   
   1. You shall pay VeriFast the fees as specified in the applicable SOW or the applicable purchase order. The pricing for the Services is specified in the applicable SOW or the applicable purchase order, including terms for any prices increases, renewals or extensions.
   2. You shall pay VeriFast within 30 calendar days after the date of receipt by  you of the invoice. Any fees not paid when due shall accrue interest of 1.5% per month (or the maximum rate permitted by law, if lower).  Nonpayment may result in, without limitation, suspension of your rights to use the Services until payment is made. 
   3. You are responsible for payment of any sales, use, value added, sales tax and any other similar taxes or governmental fees associated with the Services. If we are obligated by applicable law to collect and remit any taxes or fees, then we will add the appropriate amount to your invoices as a separate line item. If you qualify for a tax exemption, you must provide VeriFast with a valid certificate of exemption or other appropriate proof of exemption. If you are required by law to make a withholding or deduction in respect of the price payable to VeriFast, you shall pay VeriFast the amount necessary to ensure that the actual amount we receive after deduction or withholding (and after payment of any additional taxes due because of such additional amount) equals the amount that would have been payable to VeriFast if such deduction or withholding were not required.
   4. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. 
   5. We use third party service providers to process payments.  By using the Services and agreeing to these Terms, You also agree to be bound by the applicable terms of the applicable third party service providers.
   6. You expressly understand and agree that Verifast shall not be liable for any payments and monetary transactions that occur through your use of the Services. You expressly understand and agree that all payments and monetary transactions are handled by a third party. You agree that Verifast shall not be liable for any issues regarding financial and monetary transactions between You and any other party.
   7. You are responsible for all transactions (one-time payments) processed through the third party service providers. Verifast is not liable for loss or damage from errant or invalid transactions processed with your third party service provider account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
   8. You understand that Verifast uses the third party service is subject to change at any time and such changes may adversely affect the Services. You understand and agree to not hold Verifast liable for any adverse effects that actions (whether intentional or unintentional) on the part of the third party may cause to you or your business.
   9. You must not process stolen credit cards, or unauthorized credit cards through the third party service provider.
8. Fee Changes

We, in our sole discretion, may modify the subscription fees for the subscriptions and consumption based Services by providing you with at least ninety (90) days prior notice. Any subscription fee change will become effective at the beginning of the Renewal Term.

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We will provide you with a reasonable prior notice of any change in subscription and consumption based fees to give you an opportunity to terminate your subscription before such change becomes effective.

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Your continued use of the Services after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription and consumption based fee amounts.

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9. Cancellation 

These Terms are effective until terminated pursuant to the terms of the applicable Master Services Agreement and/or Statement of Work. Subject to the termination provisions in the applicable Master Services Agreement and/or Statement of Work, you may not cancel your subscription. To the extent permitted by the applicable law, payments are non-refundable.  

10. Data Rights 

Ownership of the data, documents, and/or other information that End Users upload, post, transmit to or enter into the Services (the “End User Data”) remains with the End User.   

If you upload any End User Data on behalf of an End User, you are responsible for the End User Data that you upload or post to the Services, including its legality, reliability, and appropriateness. You understand that the End Users will view the End User Data that is uploaded onto the Services. 

By uploading, posting, or transmitting End User Data to the Services, you grant us the right and an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, royalty-free, transferable and sublicensable license to access, collect, store, use, modify, perform, display, reproduce, and distribute such End User Data on and through the Services.

You represent and warrant that: (i) you have the right to use the End User Data and grant us the rights and license as provided in these Terms; (ii) the uploading and posting of the End User Data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (iii) the End User Data that you have uploaded and/or posted is accurate and has not been altered in any way. 

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.

11. Data 
    
    1. For the purposes of this Agreement:
       
       1. “Input Data” means any data provided by the End User to VeriFast for the purposes of processing, verification, and/or screening.
       2. “Output Data” means all data or information that is created or produced by, viewed through, or results from use of the VeriFast services including but not limited to the platform.  
    2. Input Data.  The parties acknowledge and agree that: (i) ownership of the Input Data remains with the potential or actual End User; and (ii) you represent and warrant that you have obtained the proper consent from the End User for the use of the Input Data. 
    3. Output Data.  
       
       1. VeriFast shall be the sole owner of the Output Data.  VeriFast shall have the right to use and exploit the Output Data for our own commercial purposes including the provision of our Services to our clients. 
       2. You shall have the right to use the Output Data for your internal business purposes only, and shall not sub-license, resell, transfer or other use or exploit the Output Data in any commercial way.  VeriFast grants you a revocable, non-exclusive, non-transferable and non-sublicensable license to use the Output Data for your internal business purposes. 
       3. VeriFast shall not be responsible for any errors or inaccuracies with the Output Data to the extent that such errors and./or inaccuracies are due to underlying errors or inaccuracies with the Input Data.
       4. Verifast only collects the data necessary to generate the Verifast Financial application. This may include up to two years of account data as of the date the application is completed. The report is visible only to authorized landlord(s), is anonymized after 365 days, and is no longer linked to the applicant in any way.
    4. VeriFast understands that the End User has the ability to view the Input Data and the Output Data. 
12. No Unlawful or Prohibited Use 

Without limiting the generality of the foregoing, you will not (and will not attempt to):

1. send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Services (including any developer community forums) any data, information, pictures, videos, music or other materials or content that: 
   
   1. contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
   2. you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate;
   3. is false, intentionally misleading or fraudulent, manufactured, or impersonates any other person;
   4. misreports the End User’s circumstances by editing any of the End User Data, or manufacturing the End User Data; 
   5. is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
   6. violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
   7. encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability;
2. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including email addresses, without the express consent of such users;
3. make unauthorized copies or distribution of End User Information;
4. access the Services or any of our proprietary information except through means authorized herein; 
5. copy, reproduce, distribute, or in any manner duplicate the Services, in whole or in part; 
6. sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Services, in whole or in part; 
7. modify, port, translate, or create derivative works of the Services; 
8. decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Services by any means; 
9. remove any proprietary notices, labels or marks from the Services; 
10. use the Services for purposes of comparison with or benchmarking against products or services made available by third parties; 
11. knowingly take any action that would cause the Services to be placed in the public domain;
12. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack);
13. attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means;
14. use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code;
15. use, download or otherwise copy, or provide to any person or entity any Services users directory or other user or usage information or any portion thereof other than in the context of your use of the Services; 
16. use the Services for the purpose of building a similar or competitive product or service; or
17. use the Services other than as permitted by these Terms.

13. You understand that we will report any fraudulent acts to the authorities, including but not limited to violations of Sections 12(a)(iii) and (iv). 
14. Privacy  

Please click here Privacy Policy to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your data, and which is hereby incorporated into and forms a part of these Terms of Use.

15. Security

You acknowledge and agree that you are solely responsible for protecting your authorized users’ password and other personal information and for the consequences of not protecting such data. With regard to your account, you agree to ensure that each authorized user of your account: (i) keeps such authorized user’s password secure and confidential; (ii) does not permit non-authorized individuals to use your account; (iii) does not use the accounts of others; (iv) does not transfer your account to another party; and (v) notifies us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account. For clarity, you may share your account credentials with your employees, contractors, or agents (“Representatives”) and not be in violation of these Terms. You are responsible for all acts of your Representatives using your account to access the Services. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords.

16. Automatic Updates and Upgrades. 

We may perform automatic updates or upgrades to the Services from time to time. We are not responsible for any affected or erased data, preferences, or settings due to a Services update or upgrade. These Terms govern any upgrades or updates to the Services, unless such upgrades or updates are accompanied by a separate agreement.

You agree that we may perform automatic updates or upgrades to the Services without any further notice or consent. If we provide further notice or request further consent to a Services update or upgrade, the notice or consent may be received by or provided to you or any authorized user of your device, and you agree that such notice or consent is sufficient for you and all authorized users of your device. The person receiving or providing that notice or consent is responsible for notifying you and all authorized users of the notice and of his or her consent.   

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17. Viruses 

You use the Services at your own risk. We do not guarantee or warrant that the Services is compatible with your computer system or that the Services, or any links from the Services, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Services.

18. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Services. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Services.

19. No Warranty for Security of Device 

We do not warrant that a third party cannot access your information should a third party come into possession of your device. We suggest that you use all security features of your device, including any password or locking function, to protect your device and the confidentiality of your information.

20. Third Party Materials, API and Links

The Services may display or make available content, data, information, services or materials from third parties (“Third Party Materials”), use third party application program interface (“Third Party APIs”) or provide links to certain third party web sites (“Third Party Links”). The Third Party Materials, Third Party APIs or third party web sites may be governed by its own end user license agreement, terms of use, data governance statement or privacy policy (the “Agreements”).  You are responsible for reviewing the respective Agreements and complying with the respective Agreements.  

We are not responsible for examining or evaluating the content, accuracy, validity, legality or any other aspect of such Third Party Materials, Third Party APIs or Third Party Links. We do not warrant, condition, guarantee or endorse any Third Party Materials, Third Party APIs or Third Party Links and is not liable to you or to any other party for any Third Party Materials, Third Party APIs or Third Party Links or for your misuse or use of Third Party Materials, Third Party APIs or Third Party Links. Third Party Materials, Third Party APIs and Third Party Links contain proprietary content and information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You may not use such proprietary content, information or materials in any way except as authorized by the provider of the Third Party Materials, Third Party APIs or Third Party Links. You may not use any Third Party Materials, Third Party APIs or Third Party Links in a manner that would be, or could be reasonably construed as, a breach of these Terms.  We may change, suspend, remove, modify access to or disable access to any Third Party Materials, Third Party APIs or Third Party Links at any time by providing you with no less than three (3) days’ notice.  

21. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

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If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of support@verifast.com and include in your notice a detailed description of the alleged Infringement.

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You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

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22. Availability, Errors and Inaccuracies 

In order to provide exceptional service, and accuracy, we regularly update the products and services available to you on the Services.

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We cannot and do not guarantee the accuracy or completeness of any information. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

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Despite our best efforts, the products or services available on our Services may have an error regarding the price, be inaccurately described, or be unavailable, and we may experience delays in updating information on the Services. By using the Services, you agree to hold Verifast, its officers, directors, employees, contractors, licensors, licensees, suppliers and agents harmless for any and all losses incurred, howsoever, whether foreseeable, reasonably or otherwise, and whether in tort, or contract, and with or without negligence on the part of the aforementioned releasees, including all form of claims, losses, damages, obligations, costs, actions or demands.

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23. Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED ABOVE, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. 

The Services may incorporate or rely upon artificial intelligence (“AI”) technologies. You  acknowledge that AI technologies may generate outputs that are inaccurate, incomplete, or otherwise unreliable, and that such outputs are provided “as is.” VeriFast makes no representations or warranties regarding the accuracy, completeness, reliability, or fitness for any particular purpose of AI-generated outputs. You remain solely responsible for the review, verification, and use of any AI-generated outputs, and for all decisions and actions taken in reliance thereon. To the fullest extent permitted by law, VeriFast disclaims all liability arising from your use of or reliance on any AI-generated outputs.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THESE TERMS OR THE SERVICES.  WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS.

TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED $5 CDN. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. 

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25. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: 

1. your breach of any of the provisions of these Terms or any documents referenced herein;
2. your violation of any law or the rights of a third party (including, without limitation, privacy or intellectual property rights); 
3. your use of the Services in a manner that it was not designed for or intended to be used, as described in these Terms and in any instructions or guidelines provided by us to you; or 
4. your gross negligence or willful misconduct. 

26. Non-Solicitation

During the period beginning on the effective date of the Terms and for one year following the expiration or termination of the Terms, you will not, directly or indirectly, solicit or attempt to solicit for employment any persons employed by Verifast during such period.  If you employ, directly or indirectly, any persons employed by Verifast during such period you will owe us a one time fee equal to 50% of the person’s total annual compensation.  Such payment will be due on the last day of such person’s work for the Verifast.

27. Changes, Termination and Survival
    
    1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with notice. 
    2. These Terms are effective until terminated pursuant to the terms of the applicable Master Services Agreement and/or Statement of Work. Upon termination of these Terms, you shall cease all use of the Services. You agree that Verifast may elect to cease any support of the Services and/or provision of its services that the Services accesses at any time at the sole discretion of Verifast. In addition to any other termination right, Verifast may terminate these Terms upon 5 days’ notice to you.
    3. The following Sections, together with any other provision of these Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms, will survive expiration or termination of these Terms for any reason: Sections 1 (Ownership of the Services and Its Content), 11  (Data Rights), 14 (Privacy), 17 (Viruses), 18 (Communications Not Confidential), 23 (Warranties and Disclaimers), 24 (Limitation of Liability), 25 (Indemnification), 27(c) (Changes, Termination and Survival), and 28 (General Provisions).
28. General Provisions 
    
    1. Force Majeure. Except for the obligation to pay money, either Party will be excused for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (each incident a “Force Majeure Event”), provided that the delayed Party (a) gives the other Party prompt notice of such cause if practicable, and (b) for as long as such Force Majeure Event continues and such Party continues to use commercially reasonable efforts to recommence performance to the extent possible.
    2. Choice of Law. These Terms of Use are governed by the provincial laws of the province of Ontario and the federal laws of Canada as applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Except as restricted by applicable law, you agree to submit to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes.  Notwithstanding the foregoing, if a dispute arises between you and us, you agree that you will notify us about any dispute you have with us related to these Terms of Use by contacting us.
    3. Electronic Communications.  You are communicating with us electronically when you use the Services or send email to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 
    4. Notifications. We may provide notifications by posting the notifications on the Services itself or by sending the notifications to the email associated with your account. We are not responsible for any automatic filtering you or your network provider may apply to email notifications. 
    5. Severable. If any of the provisions contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms and all other provisions of these Terms will remain in full force and effect. 
    6. Waiver. If you breach any of these Terms and we should choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We and our subsidiaries do not waive any of our or their rights. We and our subsidiaries shall not be responsible for any purported breach of these Terms caused by circumstances beyond our or their control. A person who is not a party to these Terms shall have no rights of enforcement.
    7. Entire Agreement. These Terms, and the documents referenced in these Terms, constitute the entire agreement between Verifast and you pertaining to the subject matter thereof, and supersedes in its entirety any and all written or oral agreements previously existing between us with respect to the Services. There are no understandings, inducements, commitments, conditions, representations or warranties of any kind, whether direct, indirect, collateral, express or implied, oral or written, other than as contained in these Terms.
    8. English Language. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

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