STANDARD TERMS AND CONDITIONS

Last updated: 5 June 2025

Welcome to Nimonik ( "we" , "our" , "us" ). These Terms of Use ( "Terms" ) govern your access to and use of our software platform, including all services and content available on it (collectively, "NimonikApp" ).

By accessing or using the NimonikApp, you agree to be bound by these Terms. If you do not agree, do not use the NimonikApp.

We reserve the right, from time to time, with or without notice, to change these Terms in our sole and absolute discretion. Your use of NimonikApp after changes are made means that you agree to be bound by such changes.

Access to NimonikApp

1. You must be authorized to use NimonikApp by an organization or customer that has entered into an agreement with us (the "Customer" ).
2. Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use NimonikApp for the period agreed with the Customer.

Use of NimonikApp

3. You agree to:
   • use the NimonikApp only for informational purposes for the internal business activities of the Customer;
   • maintain the confidentiality of your login credentials; and
   • immediately notify us of any unauthorized access to your account.
4. You may not (nor permit anyone else) do the following with NimonikApp, or any part of it:
   • copy, distribute, republish, transfer, sell, license, lease, give, permanently retain, decompile, reverse engineer, disseminate, publish, assign (whether directly or indirectly, by operation of law or otherwise), transmit, scan, publish on a network, or otherwise reproduce, disclose or make available to others or create derivative works from it;
   • remove any proprietary legends or markings, including copyright notices, electronically encoded information, watermarks, or any of our or our licensors' specific markings; or
   • use it in such a manner that it is or may potentially be in competition with Nimonik.

Intellectual property

5. All content, features, and functionality on the NimonikApp are owned by Nimonik or our licensors. This includes, without limitation, any third-party or proprietary materials made available through the NimonikApp (e.g., industry standards, publications, or datasets). In addition to general restrictions in Sections 3 and 4 of these Terms, such materials may be subject to additional usage limitations displayed on the NimonikApp. Your use does not grant you ownership or any rights beyond those granted in these Terms.

Disclaimer

6. To the maximum extent permitted under law, we:
   • provide the NimonikApp and all content included in it "as is" and "as available" without warranty of any kind;
   • do not warrant that the NimonikApp and all content included in it will be error-free or that the use of the NimonikApp will be uninterrupted, problem or error-free; and
   • accept no responsibility for the content or practices of other websites to which NimonikApp is or may be linked or to which reference from NimonikApp is or may be made.
7. We expressly disclaim all implied warranties, including warranties of merchantability, non-infringement, and fitness for a particular purpose, as well as any implied warranty arising from statute, course of dealing or performance, or trade use.
8. While we cannot guarantee that there are no errors on NimonikApp, we will use our reasonable efforts, where appropriate, to correct those that are drawn to our attention.

Support, changes and feedback

9. The support requests shall be submitted to our support portal at https://nimonik.com/support
10. Our policies relating to the updates and the release notes for the past six months of changes, as well as upcoming changes that may affect usage of the web or mobile application, are available on this web page: https://nimonik.com/release-notes/
11. If you provide (in your sole discretion) us with feedback regarding the NimonikApp, we may use that feedback at our own risk and without any obligation to you.

Privacy

12. Our privacy policy is available here: https://nimonik.com/privacy-policy/

Liability

13. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages, or any loss of data or profits arising from your use of the NimonikApp. Our total liability to the Customer and all its users, including you, is limited to the fees paid by the Customer to us in the previous 12 months.
14. We are not liable for failure or delay in fulfilling our obligations under these Terms, to the extent that such failure or delay is due to any cause which is not within our reasonable control and is an unforeseeable and irresistible event.

Termination

15. We may suspend or terminate your access to the NimonikApp at any time, with or without notice, if we reasonably believe you have violated these Terms.

Governing Law

16. These Terms are governed by and interpreted according to the laws of the Province of Quebec, Canada judicial district of Montreal, Canada.