DRAFT - pending professional review. This is a draft template and is not legal, tax, or financial advice. It should be reviewed by a licensed Ontario lawyer before it is relied on. Bracketed items are placeholders to be confirmed.
Applies to: the Digital Confidence Centre, the job-search tool, and other free tools and content published by Two Birds Innovation.
Operator: Two Birds Innovation, based in St. Thomas, Ontario, Canada ("Two Birds", "we", "us", "our").
These Terms of Service ("Terms") govern your access to and use of the websites, web applications, tools, and content listed above (together, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of another person (for example, helping a family member or a student), you confirm that you have authority to accept these Terms on their behalf and that they will follow these Terms.
The Service is intended for general use and is not directed at any specific age group, but individual tools may be designed with particular audiences in mind (for example, seniors and youth). If you are under the age of majority in Ontario (18), please use the Service with the involvement of a parent, guardian, or trusted adult.
The Service consists of free, educational tools and content published by Two Birds. Depending on the specific tool, this may include:
The Service is provided at no cost, for general information and educational purposes only. It is not professional advice. In particular, the Service does not provide legal, financial, tax, medical, cybersecurity, or other professional advice, and it is not a substitute for advice from a qualified professional or from official sources (for example, your bank, the police, or a government agency). Scam-safety and digital-literacy content is general guidance only; always verify anything important through official channels before acting.
The Digital Confidence Centre is free, educational, requires no account, and is designed to collect no personal data. You do not need to sign up, log in, or give us your name, email, or other personal information to use it. Where a tool works entirely in your own browser (for example, keeping notes or progress on your own device), that information stays on your device and is not sent to us.
Some other tools in the Service may offer optional features (for example, a contact form or an email sign-up). Any such feature is optional, and what we collect and why is described in our Privacy Policy. If there is any conflict between this section and the Privacy Policy about how data is handled, the Privacy Policy governs.
You may use the Service for your own lawful, personal, educational, or non-commercial purposes, and to help others do the same. We want these tools to be widely useful, especially to the people who need them most.
You agree that you will not, and will not help anyone else:
We may investigate and take appropriate action against anyone who, in our sole judgment, violates this section, including the steps described in Section 10.
The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Two Birds disclaims all warranties, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
Without limiting the above, we do not warrant that:
You use the Service, and rely on any content in it, entirely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms is intended to limit any rights you may have under the Ontario Consumer Protection Act that cannot be waived by agreement.
Our content. The Service and its content - including text, graphics, logos, icons, layouts, code, and the "Two Birds Innovation", "Digital Confidence Centre", and related names and marks - are owned by Two Birds or its licensors and are protected by Canadian and international copyright, trademark, and other laws. Except as expressly allowed here, you may not copy, modify, distribute, or create derivative works from our content without our written permission.
Limited personal-use licence. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service, and to view, download, and print reasonable amounts of the educational content for your own personal, educational, or non-commercial use - for example, printing a scam-safety checklist to share with a family member or a class. Keep our notices intact. If you would like to use our content more broadly (for example, in a workshop, organization, or publication), contact us at the address in Section 12 - we are often happy to say yes.
Your inputs. Anything you type, upload, or create using the Service (for example, notes in the job-search tool) is yours. We do not claim ownership of your inputs. Where a tool keeps your inputs only on your own device, we do not receive them at all. Where you do choose to send us something (for example, feedback), see the next paragraph.
Feedback. If you send us suggestions or feedback about the Service, you grant us a non-exclusive, royalty-free, perpetual licence to use it to improve the Service, without any obligation to you. Please do not send us confidential information or anything you do not want us to use.
The Service may contain links to third-party websites, resources, or services (for example, a government scam-reporting page, a job board, or a reference article) that are not owned or controlled by Two Birds. We provide these links for convenience and education only. We do not endorse and are not responsible for the content, accuracy, policies, or practices of any third-party site, and we make no warranty about them. Accessing any third-party site is at your own risk and subject to that site's own terms and privacy policy. Please review those before providing any personal information.
We may change, suspend, or discontinue any part of the Service at any time, including any free tool, without liability to you.
We may also update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where the change is significant, provide reasonable notice through the Service (for example, a notice on the affected page). Changes take effect when posted, or on any later date we specify. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree to the change, please stop using the Service. We encourage you to review these Terms periodically.
These Terms apply while you use the Service. You may stop using the Service at any time.
We may suspend or terminate your access to the Service (in whole or in part) at any time, with or without notice, if we reasonably believe you have violated these Terms, if we need to protect the Service or other users, or for any other reason at our discretion, including discontinuing a tool. Sections that by their nature should survive - including Sections 6 (No warranty), 7 (Intellectual property), 11 (Limitation of liability), and 13 (Governing law) - survive termination.
To the fullest extent permitted by applicable law, Two Birds and its owner, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the Service, any content in it, or any third-party site - whether based in contract, tort (including negligence), or any other legal theory, and even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, the total aggregate liability of Two Birds arising out of or relating to the Service is limited to CAD $100, or, if greater, the amount you paid us to use the Service (which for the free tools is $0).
Because the Service is provided free of charge for educational purposes, you agree that this allocation of risk is reasonable. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you; in that case our liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Ontario or Canadian law (for example, liability for fraud or for death or personal injury caused by negligence, where the law so provides).
To the extent permitted by law, you agree to indemnify and hold harmless Two Birds and its owner and contractors from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.
These Terms and any dispute relating to them or to the Service are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. You agree that the courts located in Ontario, Canada have exclusive jurisdiction over any dispute, and you consent to their jurisdiction, except where applicable law gives you the right to bring a claim elsewhere (for example, certain consumer-protection rights).
Questions about these Terms or the Service? Contact us:
Two Birds Innovation
Aaron Patzalek
Contact: contact form
Ontario, Canada