Terms of Service

Effective date: July 6, 2025. Last updated: July 6, 2025.

Introduction

These Terms of Service (the "Terms") govern access to and use of the Tsen'awt platform (the "platform"), provided by Tsenawt Technologies Inc. ("Tsen'awt", "we", "us"), a company based in British Columbia, Canada. By signing in to or using the platform, you agree to these Terms. Accounts on the platform are provisioned by the organization the deployment serves, most often a First Nation, a Tribal Council, a First Nations Policy or Technical Organization, a First Nations Provincial or Territorial Organization, or a First Nations National Advocacy Organization (the "Customer"); if you have an account, you use it on the Customer's behalf and subject to the Customer's own policies as well as these Terms.

The commercial relationship between Tsen'awt and the Customer, including fees, service levels, data custody, and termination, is governed by the services agreement between Tsen'awt and the Customer (the "Services Agreement"). That agreement takes precedence over these Terms to the extent of any conflict. These Terms exist to set the rules for individual users of the platform.

Section 1. Definitions

"Platform" means the Tsen'awt platform deployed for the Customer, including the software and related services. The platform is built on open-source software (see section 8).

"EdgePod" or "Pod" means the self-contained device that runs the software, owned by the Customer or operated by Tsen'awt for the Customer under a hosting arrangement.

"Content" means the records, documents, files, tags, and data that the Customer and its users create, upload, or collect on the platform.

"Services Agreement" means the agreement between Tsen'awt and the Customer that governs the commercial relationship for the deployment.

"User" means a person with an account provisioned under the Customer's arrangement with Tsen'awt, including staff and any guest accounts, such as external auditors or research partners, that the Customer authorizes.

"Administrator" means a user the Customer designates to manage accounts and settings for its deployment.

"OCAP" means the First Nations principles of Ownership, Control, Access, and Possession, a registered trademark of the First Nations Information Governance Centre.

Section 2. Accounts and access

Accounts are created and assigned by the Customer's administrator; there is no self-registration. You must keep your credentials secure, enable two-factor authentication where the Customer requires it, and use the platform over the network connection the Customer provides, using a private connection where the Customer requires one. You are responsible for activity under your account, and the Customer is responsible for its users. Notify your administrator or us promptly of any unauthorized use.

Section 3. The service

We provide the platform on a commercially reasonable basis and may improve or modify features over time as agreed with the Customer. Depending on what the Customer enables, the platform can include document storage and editing, forms, search and optical character recognition, dashboards and reporting, contract and records management, chat and calls, workflow, retention, classification and tagging, and an on-pod AI assistant. The specific applications and features available on a deployment are configured with the Customer and vary between deployments; some features, including AI and chat, are off unless the Customer enables them. Service levels, support, and maintenance are as set out in the Services Agreement.

Section 4. Content and ownership

As between the parties, the Customer owns all Content. The platform is operated around OCAP, the First Nations principles of Ownership, Control, Access, and Possession. The Customer grants Tsen'awt only the limited licence needed to host, process, and display Content in order to operate the platform for the Customer, and for no other purpose. We do not use Content for advertising, we do not sell it, and we do not use it to train artificial-intelligence models. Where the Customer enables the AI assistant, it runs entirely on the EdgePod using local providers: Content is processed only on the pod to produce features such as summaries, transcriptions, and drafts, makes no calls to external AI services, and is not used to train external or shared models. We do not access Content except as needed to operate the service, to provide support the Customer requests, or as required by law, and administrative access, including any support sign-in on a user's behalf, is logged.

Section 5. Acceptable use

You agree not to: use the platform unlawfully or to store or transmit unlawful content; infringe the rights of others, including intellectual-property and privacy rights; attempt unauthorized access to the platform, other accounts, or the pod, or probe or breach security; interfere with or disrupt the integrity or performance of the platform, or introduce malicious code; share your credentials or circumvent access controls, including the classification and sensitivity rules the Customer applies to its records; or resell or provide the platform to third parties.

Section 6. Fees

There are no fees payable by individual users. Fees for the deployment are set out in the Services Agreement between Tsen'awt and the Customer and are invoiced outside the platform.

Section 7. Intellectual property

The Customer owns its Content. Tsen'awt owns its configuration, branding, documentation, and other materials it creates for the deployment. The underlying platform software is open-source software owned by its respective authors and licensed under open-source licences; neither Tsen'awt nor the Customer claims ownership of it.

Tsen'awt and the Tsen'awt logo are trademarks of Tsenawt Technologies Inc. OCAP is a registered trademark of the First Nations Information Governance Centre. Nothing in these Terms grants you a right to use these marks.

Section 8. Open-source software and notices

The platform is built on Nextcloud, licensed under the GNU Affero General Public License version 3 (AGPLv3), together with additional open-source applications and components under their respective licences, which may include Collabora Online for document editing, a search engine and OCR components, and a local AI model runtime. Copies of the applicable licences and the corresponding source code offer are available from Tsen'awt on request and, where the software provides them, within the platform itself. Nothing in these Terms limits any rights you have under those licences.

Section 9. Disclaimers

Except as expressly stated in the Services Agreement, and to the fullest extent permitted by law, the platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms limits rights under applicable law that cannot be limited by contract.

Section 10. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Any further allocation of risk between Tsen'awt and the Customer is as set out in the Services Agreement. These limits do not apply where the law does not allow them.

Section 11. Suspension and termination of access

The Customer or Tsen'awt may suspend or end an individual user's access at the Customer's direction, on staff changes, or for breach of these Terms. Termination of the deployment as a whole, and what happens to Content on termination, is governed by the Services Agreement; consistent with the First Nations Information Governance Centre's principles of OCAP, the Customer keeps its Content and may export or take possession of it.

Section 12. Changes to these Terms

We may update these Terms from time to time in consultation with the Customer. For material changes we will give reasonable notice, for example by presenting the updated Terms in the platform with a new effective date. Continued use after changes take effect means you accept them.

Section 13. Governing law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. Subject to any dispute-resolution terms in the Services Agreement, the parties submit to the courts of British Columbia, while respecting that a Customer's own laws and dispute-resolution processes, and those of its member Nations where the Customer is a Tribal Council, may apply to matters within their jurisdiction.

Section 14. General

Entire agreement and precedence. These Terms, together with any policies they reference, are the entire agreement between you and Tsen'awt for your use of the platform. The Services Agreement between Tsen'awt and the Customer governs the deployment and prevails over these Terms to the extent of any conflict.

Assignment. You may not assign these Terms. Tsen'awt may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Severability and waiver. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver of it.

Survival. Provisions that by their nature should survive, including sections 4, 7, 9, and 10, survive termination of access.

Section 15. Contact

Questions about these Terms can be sent to Tsenawt Technologies Inc., 6-2020 Vine Street, Vancouver, British Columbia, Canada V6K 3K1. Email: terms@tsenawt.io.