Terms of Service

Last updated: September 12, 2026

These terms are the agreement between EXCIVY and the business that uses our service. Please read them carefully. They cover who can use EXCIVY, what you pay, how the agreement ends, what happens to your data, and how disagreements are handled.

1. Who we are and what these terms cover

EXCIVY (“EXCIVY”, “we”, “us”) is based in Ontario, Canada and provides the EXCIVY web application and related services (the “Service”). These Terms of Service (the “Terms”) apply to the company named on your order (“you”, the “Customer”) and to every person you allow to sign in under your account (your “Users”).

You accept these Terms when you sign an order with us or when you or any of your Users sign in to the Service. If an order form we both signed says something different from these Terms, the order form wins for that point only.

Our Privacy Policy explains how we handle personal information and forms part of these Terms.

2. Who can use EXCIVY

The Service is built for businesses that are licensed, or are applying to be licensed, under the Excise Act, 2001 as a vaping product licensee or a vaping prescribed person. It is offered for business use only, not to consumers. By using the Service you confirm that you are such a business, that the person accepting these Terms has authority to bind you, and that you will only use the Service for your own internal business operations.

You are responsible for everyone who uses your account. Anything a User does in the Service is treated as done by you.

3. Accounts and seats

Your account owner creates a separate login for each person who needs access. Each seat on your plan is for one named individual. Sharing a login between two or more people is not permitted. The Service allows only one active session per User, and we monitor for signs of shared credentials because seats are what we bill on.

• Keep passwords confidential and choose ones that are not used elsewhere.
• Sign-in is protected by a one-time code sent to the User’s email. Keep that mailbox secure.
• Deactivate Users who leave your business without delay.
• Tell us at support@excivy.com as soon as you suspect any unauthorised access.

4. Acceptable use

You agree not to, and not to let anyone else:

• copy, modify, reverse engineer, decompile or try to extract the source code of the Service;
• resell, rent, sublicense or otherwise make the Service available to any third party;
• scrape, crawl or bulk-extract content or data from the Service by automated means other than the export features we provide;
• probe, load-test or attempt to bypass the Service’s security, quotas, rate limits or seat controls;
• upload anything other than PDF documents of up to 10 MB, or upload files containing malicious code;
• use the Service for any purpose that is unlawful or that infringes anyone’s rights.

5. Your data

Everything you and your Users enter into or upload to the Service, including inventory records, stamp records, recipes, documents and reports, is your data. You own it. You give us a licence to host, store, process, display and transmit that data only as needed to provide, secure and support the Service and to comply with the law.

You can export your data at any time while your account is active using the export features in the Service. We may access your company’s data for support sessions or to fix problems.

You are responsible for the accuracy and completeness of your data and for keeping your own copies of any records you need to retain.

6. Not tax or legal advice

The Service is a record-keeping and calculation tool. It applies duty rates, province lists and rules that change over time, and it relies on the figures you enter. Nothing in the Service, on our website or in our guides is tax, legal or accounting advice. You are solely responsible for verifying every figure, for filing your returns (including Form B600 and related forms), for remitting duty on time, and for meeting the record-keeping obligations that apply to your licence.

7. Plans, fees and billing

• Plan and price. Your plan, its included quotas and its price are set out on your order.
• Currency and taxes. All amounts are in Canadian dollars and exclude applicable taxes, which are added to your invoice where they apply.
• Invoicing. On a monthly plan we invoice monthly. On an annual plan we invoice the annual fee at the start of each 12-month term, and invoice any usage above your monthly quotas monthly in arrears. Invoices are due 14 days after the invoice date, payable as shown on the invoice.
• Late interest. Overdue balances bear interest at 2% per month from the due date until paid.
• Usage above your plan. Seats, inventory movements, exports and storage above your plan’s included quotas are not blocked and are billed as overage at the rates on your order. Your included quotas are monthly and are not pooled across an annual term. Storage is measured on everything stored in your account, not just what was added that month, so storage above your quota is billed in every month it remains above it. Products and raw materials are capped at the plan limit and cannot be exceeded.
• Add-ons. Optional add-ons such as extended data history are billed at the rate on your order, monthly on a monthly plan and with your annual fee on an annual plan.
• No refunds. Fees are non-refundable once invoiced, including for partial periods, unused seats or unused quotas. Changes to your plan or seat count during a term are not prorated.
• Price changes. We may change prices with at least 30 days’ notice by email for monthly plans, or at the start of the next annual term for annual plans.

8. Term, renewal and cancellation

Your order states whether your plan is monthly or annual. Each term renews automatically for the same length unless one of us cancels. Either of us may cancel by giving the other at least 60 days’ written notice before the end of the current term. Email counts as written notice.

If you are on an annual plan and stop using the Service before the end of the year, the fees for the months remaining in that term are still payable.

9. Late payment

If an invoice is more than 15 days overdue we may suspend your account until it is paid. During suspension your data is preserved but no one can sign in. If an invoice is more than 60 days overdue we may terminate the agreement, and the export window in section 11 starts from the date of our termination notice.

10. Termination for breach

Either of us may terminate the agreement if the other materially breaches it and does not fix the breach within 15 days of being told about it. We may suspend or terminate immediately, without a cure period, if the Service is used unlawfully, if a User’s conduct threatens the security or integrity of the Service, or if you become insolvent.

11. What happens when the agreement ends

• Access to the Service stops on the termination date.
• You have 30 days from the termination date to ask us for an export of your data. We will provide it in a standard format.
• After those 30 days we delete your data.
• Any fees owed up to the termination date remain payable.

12. Availability, maintenance and support

We make reasonable efforts to keep the Service available, but we do not guarantee any level of uptime. Where we can, we schedule planned maintenance outside normal business hours. The Service may be unavailable during maintenance, because of a failure at one of our hosting providers, or for reasons outside our control.

Support is provided by email at support@excivy.com on business days. We may add, change or retire features of the Service. We will give you notice of any change that materially reduces what the Service does.

13. Our intellectual property

We own the Service, its software, design, documentation, guides and branding, and all rights in them. During the term you have a non-exclusive, non-transferable right to use the Service for your internal business, subject to these Terms. Nothing transfers any ownership to you. If you send us suggestions or feedback, we may use them without any obligation to you.

14. Confidentiality

Each of us will keep the other’s non-public business information confidential and use it only for the purposes of this agreement. This does not apply to information that is already public, that the receiving party already had, that it develops independently, or that it must disclose by law (in which case it will tell the other party where it is allowed to).

15. Disclaimer

The Service is provided “as is” and “as available”. To the fullest extent the law allows, we make no warranties or conditions of any kind, express or implied, including that the Service will be accurate, error-free, uninterrupted, fit for a particular purpose, or sufficient to satisfy any regulatory or tax obligation.

16. Limitation of liability

To the maximum extent permitted by law, EXCIVY has no liability to you or to any third party for any loss or damage arising out of or relating to the Service or this agreement, whether in contract, tort (including negligence), statute or otherwise. This includes lost profits or revenue, business interruption, loss or corruption of data, and any duty, tax, penalty, interest or reassessment charged to you by any authority.

If, despite the paragraph above, EXCIVY is found liable for anything, our total liability for all claims combined is limited to the fees you paid us for the one month immediately before the event that gave rise to the claim.

17. Your responsibility for claims

You will defend and compensate us for any third-party claim, fine or cost that arises from your data, your tax filings or remittances, or your or your Users’ use of the Service in breach of these Terms or of the law.

18. Disputes

If a dispute arises, we will each first try to resolve it by good-faith discussion between people with authority to settle it, for a period of 30 days after one of us gives written notice of the dispute.

If that does not resolve it, the dispute will be referred to mediation in Ontariobefore a mediator we both agree on, with the mediator’s fees shared equally and each of us paying our own other costs. Neither of us may start court proceedings against the other in connection with the Service or this agreement, and any dispute must be brought individually, not as part of a class or representative action.

This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there.

19. Changes to these terms

We may update these Terms from time to time. For any material change we will email your account owner at least 30 days before the change takes effect. If you or your Users keep using the Service after that date, you accept the updated Terms. The date at the top of this page shows when they were last changed.

20. General

• Entire agreement. These Terms, the Privacy Policy and your order are the whole agreement between us and replace any earlier discussions.
• Notices. Notices to you go to your account owner’s email address. Notices to us go to support@excivy.com.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it to a successor of our business.
• Severability. If any part of these Terms is unenforceable, the rest still applies.
• Waiver. Not enforcing a term is not a waiver of it.
• Events beyond our control. Neither of us is liable for delay or failure caused by events outside our reasonable control, other than your obligation to pay.
• Survival. Sections 5, 7, 11 and 13 to 20 continue to apply after the agreement ends.

Questions about these Terms: support@excivy.com.