Terms of Service

1. Acceptance of Terms

1.1 Binding Agreement

By accessing, downloading, installing, or using any part of the scomm.ai platform, including:

• The scomm.ai website (https://www.scomm.ai/)
• Desktop applications (Windows, macOS, Linux)
• Mobile applications (iOS, Android)
• Billing portal (https://billing.scomm.ai/)
• Server infrastructure (pubkey, connect, relay, public info, download servers)
• Any related services, features, or content

(collectively, the "Service" or "Services"), you agree to be bound by these Terms of Service (the "Terms" or "Agreement").

1.2 Legal Capacity

You represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction)
• You have the legal capacity to enter into a binding contract
• If using the Service on behalf of an organization, you have authority to bind that organization to these Terms
• Your use of the Service does not violate any applicable law or regulation

1.3 Refusal to Accept

If you do not agree to these Terms, you must immediately discontinue all use of the Service and uninstall any installed applications.

1.4 Additional Terms

Certain features or services may be subject to additional terms and conditions, which will be presented to you at the time of access or use. Those additional terms are incorporated into these Terms by reference.

2. Definitions

For purposes of these Terms:

• "Account" means your registered user account for accessing the Service.
• "Paying Party" means the individual or entity that holds an active paid subscription and is responsible for payment.
• "Using Party" means an individual authorized by a Paying Party to use the Services under that Paying Party's subscription. One Paying Party may add multiple Using Parties.
• "Provider Node" means a device or server running the SComm Connect product that provides connectivity services.
• "Personal Data" means any information relating to an identified or identifiable natural person.
• "User Content" means any data, information, or materials you provide, upload, or transmit through the Service.
• "Third-Party Services" means services provided by entities other than Media Routes Inc., including email providers, identity providers, payment processors, and cloud infrastructure.
• "Client Application" means desktop, mobile, or browser-based software applications that connect to the Service.
• "Server Infrastructure" means the backend servers and systems operated by Media Routes Inc.
• "SSO" means Single Sign-On authentication through third-party identity providers.
• "OTP" means One-Time Password sent via email for authentication.
• "P2P" means peer-to-peer direct communication between devices.
• "Cryptographic Keys" means public keys, private keys, and other cryptographic materials used for encryption and authentication.

3. Service Description and Scope

3.1 Nature of Service

scomm.ai is an email client platform and related software ecosystem that enables users to:

• Access and manage third-party email accounts
• Send, receive, organize, and view emails
• Utilize encryption technologies (PGP, S/MIME, post-quantum cryptography)
• Manage subscriptions and account settings
• Use peer-to-peer connectivity features (SComm Connect)
• Access related services and applications

3.2 Not an Email Provider

IMPORTANT CLARIFICATION: Media Routes Inc. is NOT an email service provider. We do NOT:

• Provide mailbox hosting
• Operate as a mail server or message transport agent
• Provide independent email delivery services
• Host or store your emails on our servers
• Act as your primary email service

The Service operates as a client that connects to third-party email providers and compatible servers selected by you.

3.3 Client-Side Processing

The Service is designed with a privacy-by-design architecture where:

• Email processing occurs on your local device
• AI-powered features run locally on your device
• Email content never passes through our servers
• You maintain full control over your data

3.4 Service Evolution

Media Routes Inc. reserves the right to:

• Add, modify, or remove features
• Update software and infrastructure
• Introduce new services or products
• Discontinue services with reasonable notice

4. Eligibility and Account Registration

4.1 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age (or age of majority in your jurisdiction)
• Have the legal capacity to enter into contracts
• Not be prohibited from using the Service under applicable law
• Not have had your account previously terminated for violations

4.2 Account Registration

When creating an account, you must:

• Provide accurate, complete, and current information
• Keep your account information updated
• Not impersonate another person or entity
• Not create multiple accounts to evade restrictions

4.3 Account Types

Free Accounts: Basic access to core features, subject to limitations and restrictions.

Paid Accounts: Subscription-based access to premium features and enhanced functionality.

Enterprise Accounts: Custom pricing, features, and dedicated support.

5. User Accounts and Authentication

5.1 Authentication Methods

You may authenticate using:

Single Sign-On (SSO): Google, Microsoft, or other supported identity providers.

Email OTP (One-Time Password): Temporary password sent to your email address, valid for 10 minutes.

OAuth: Third-party email provider authentication with limited permissions per your authorization.

5.2 Account Security

You are solely responsible for:

• Maintaining confidentiality of login credentials
• Securing devices used to access the Service
• Protecting authentication tokens and recovery methods
• Monitoring account activity for unauthorized use
• Immediately notifying us of suspected unauthorized access

5.3 Account Activity

You are responsible for all activity occurring through your account, whether authorized or unauthorized, to the maximum extent permitted by law.

5.4 Multi-Device Access

You may access your account from multiple devices. Each device may receive a unique device identifier for security and access control purposes.

5.5 Account Compromise

Media Routes Inc. is not liable for:

• Losses resulting from compromised credentials
• Unauthorized account access due to user negligence
• Failures of third-party authentication systems
• Loss of access due to forgotten credentials

5.6 Two-Factor Authentication

Where available, we strongly recommend enabling two-factor authentication for enhanced security.

6. Service Components

6.1 Static Website (scomm.ai)

Public-facing website at https://www.scomm.ai/ providing information about the Service, marketing content, application downloads, and support resources.

6.2 Billing Portal

Secure portal at https://billing.scomm.ai/ for subscription management, payment processing, invoice access, account settings, and multi-user management.

6.3 Public Key Server (pubkey.scomm.ai)

Infrastructure for storing and retrieving public cryptographic keys and enabling encrypted email communication.

6.4 Connect Server (connect.scomm.ai)

Facilitates peer-to-peer connection establishment, access control management, and connectivity coordination.

6.5 Relay Server (relay.scomm.ai)

Provides fallback connectivity when P2P is not possible, with encrypted data relay and usage-based billing for data transfer.

6.6 Public Info Server (public.scomm.ai)

Hosts public service information, version information, privacy policy, legal documents, and service discovery endpoints.

6.7 Download Server (d.scomm.ai)

Distributes desktop application installers, mobile application updates, AI models, and software updates.

6.8 Authentication Server (auth.scomm.ai)

Manages authentication tokens, token verification and renewal, session management, and OAuth token handling.

6.9 Client Applications

Desktop Applications: Windows, macOS, Linux versions with local email processing and offline functionality.

Mobile Applications: iOS and Android versions with mobile-optimized interface and push notifications.

7. Privacy-by-Design Architecture

7.1 Client-Side Processing

The Service is designed so that:

• All email content processing occurs on your device
• Email content is never transmitted to our servers
• Email metadata remains on your device
• AI-powered features run locally without cloud dependencies

7.2 Zero-Knowledge Architecture

For encryption features:

• Private keys remain on your device (by default)
• We cannot decrypt your encrypted private key backups
• You control encryption passwords
• We have no access to unencrypted sensitive data

7.3 Minimal Data Collection

We collect only data necessary for service delivery, billing, security, and legal compliance.

8. No Server-Side Email Storage or Caching

8.1 No Email Content Storage

Media Routes Inc. does NOT:

• Cache email content on our servers
• Store email messages
• Synchronize email data to our servers
• Maintain server-side copies of emails
• Access or read email content

8.2 Email Data Flow

Email data:

• Remains on third-party email provider servers (Gmail, Microsoft, IMAP servers)
• Is processed locally on your device when accessed
• May be cached locally on your device for performance
• Is never routed through our servers for processing

8.3 User Responsibility

You are solely responsible for device security, local data backups, data recovery, and data integrity on your devices.

8.4 Metadata

We do NOT collect or store email headers, subject lines, sender/recipient information, timestamps, folder information, or attachment metadata.

9. Encryption and Security

9.1 Encryption Features

The Service provides tools for encrypted communication, including:

PGP (Pretty Good Privacy): Email encryption using PGP standard with public/private key cryptography and digital signatures.

S/MIME (Secure/Multipurpose Internet Mail Extensions): Certificate-based email encryption with organizational certificate authority support.

Post-Quantum Cryptography: Future-resistant encryption algorithms protecting against quantum computing threats.

9.2 User Responsibilities

Key Management: You are solely responsible for generating, importing, exporting, storing, backing up, and protecting your private keys.

Key Security: You must ensure physical security of devices, password protection of key storage, and secure transmission of keys.

Trust Decisions: You are responsible for verifying recipient public keys and evaluating certificate trust.

Configuration: You must properly configure encryption with appropriate algorithm selection and key lengths.

9.3 Optional Private Key Backup

The Service may offer optional encrypted cloud backup of private keys:

• You choose the encryption password
• Encryption uses AES-256-GCM
• We cannot decrypt backups without your password
• You assume all risks of using this feature
• Loss of password means permanent loss of access

9.4 No Guarantees

We do NOT guarantee absolute confidentiality, perfect forward secrecy, immunity from cryptographic attacks, or future cryptographic resilience.

9.5 Key Compromise

Loss, theft, disclosure, or compromise of private keys may permanently compromise communication security and enable decryption of past communications. Media Routes Inc. is NOT liable for consequences of key compromise.

9.6 Security Best Practices

We recommend using strong passwords, enabling two-factor authentication, keeping software updated, using hardware security keys where possible, and regularly backing up keys securely.

10. Certificate Authority and Trust Model

10.1 Organization Certificate Authorities

Organizations may deploy their own certificate authorities (CAs) for S/MIME or other purposes.

Organization Responsibilities: Issuing, managing, revoking certificates, defining trust policies, and ensuring policy compliance.

Media Routes Inc. Role: We do NOT act as a certificate authority, verify certificates, guarantee trustworthiness, manage revocation, or validate identity claims.

10.2 Trust Decisions

All trust decisions remain the responsibility of individual users, their organization (where applicable), and the certificate recipient.

10.3 Certificate Validation

Users and organizations must verify certificate chains, check revocation status, validate policies, and assess certificate authority trustworthiness.

10.4 No Liability

Media Routes Inc. is NOT liable for fraudulent certificates, compromised CAs, certificate validation failures, or reliance on untrusted certificates.

11. SComm Connect and Peer-to-Peer Connectivity

11.1 Service Description

SComm Connect enables direct or relayed connectivity between endpoints using WebRTC protocols, peer-to-peer connections, DTLS-SRTP encryption, NAT traversal techniques, and relay fallback when P2P fails.

11.2 How It Works

Connection Establishment: User authenticates, access controls are verified, SDP offers/answers are exchanged, and optimal connection path is determined.

Data Transfer: Direct P2P when possible (most common), through relay servers when necessary, with end-to-end encryption preventing server inspection.

11.3 User Responsibilities

Endpoint Security: Securing devices running Provider Nodes, implementing access controls, and configuring firewalls appropriately.

Peer Authentication: Verifying identity of connection peers, ensuring trust in remote endpoints, and managing access control lists.

Traffic Legality: Ensuring transmitted content is lawful and complying with applicable regulations.

11.4 Media Routes Inc. Role

We facilitate connection establishment, provide relay services when needed, manage access control infrastructure, and do NOT monitor or store payload content.

11.5 No Guarantees

We do NOT guarantee successful connection establishment, continuity, specific bandwidth, protocol compatibility, or availability at all times.

11.6 Prohibited Uses

You must NOT use SComm Connect to bypass restrictions, evade access controls, relay unlawful traffic, access unauthorized systems, or engage in prohibited activities.

12. Relay Services

12.1 When Relay is Used

Relay servers are used only when direct P2P connection is not possible due to NAT configurations, firewall rules, network topology restrictions, or ISP blocking.

12.2 How Relay Works

Data Handling: Encrypted data is received, remains encrypted (DTLS-SRTP), and is immediately forwarded to destination. No persistent storage of payload content. Metadata logged for billing only.

Geographic Distribution: Relay servers in multiple locations with automatic selection of optimal relay, which may involve international routing.

12.3 Relay Limitations

We Do NOT: Decrypt or inspect data content, store transmitted data, perform deep packet inspection, monitor communication content, or share data with third parties.

We Do: Log metadata for billing (party IDs, data volume), monitor service health, implement rate limiting, and comply with legal obligations.

12.4 Usage-Based Billing

When relay is used, data volume is measured and recorded, with billing according to plan and usage reports available to Paying Party. Billing metadata retained per legal requirements (7 years).

12.5 Fair Use

Relay services are subject to fair use policies. Excessive usage may be throttled, abuse may result in service restriction, and prohibited content may result in termination.

13. Billing, Subscriptions, and Payments

13.1 Free vs. Paid Services

Free Services: Basic features available at no cost, subject to modification or termination.

Paid Services: Require active subscription for premium features and enhanced support.

13.2 Subscription Plans

Plans may include monthly or annual billing cycles, usage-based pricing, per-seat pricing, feature-based tiers, or enterprise custom pricing.

13.3 Payment Processing

Payment Methods: Credit/debit cards (via Stripe), PayPal, or other methods as made available.

Payment Authorization: By subscribing, you authorize recurring charges at the billing interval, storage of payment information, automatic renewal unless canceled, and price changes with reasonable notice.

13.4 Billing Information

You must provide accurate billing name and address, valid payment method, current contact information, and tax identification (if applicable).

13.5 Invoices and Receipts

Invoices are available in billing portal, email receipts sent for transactions, retained for 7 years per legal requirements, and available for download at any time.

13.6 Price Changes

Media Routes Inc. may change subscription prices, modify billing structures, and adjust rates with 30 days notice for existing subscribers, or immediately for new subscribers.

13.7 Taxes and Fees

You are responsible for all applicable taxes (sales, VAT, GST), government fees, currency conversion fees, and payment processor fees (where applicable).

13.8 Refunds

General Policy: Fees are generally non-refundable, no refunds for partial periods, no refunds for early cancellation.

Exceptions: Service outages exceeding SLA (enterprise plans), billing errors, fraudulent charges, and legal requirements.

13.9 Payment Failures

If payment fails, service may be suspended, account downgraded to free tier, or terminated after repeated failures.

13.10 Subscription Renewal

Subscriptions auto-renew unless canceled. Renewal charges applied at billing interval. Cancel anytime before renewal date with no refunds for unused time.

13.11 Cancellation

You may cancel through the billing portal, email (billing@scomm.ai), effective at end of current billing period with no refunds for unused time. Access continues until period end.

14. Multi-User Accounts (Paying Party and Using Parties)

14.1 Paying Party

The Paying Party holds the subscription, is responsible for payment, manages Using Party access, receives billing and invoices, and controls account settings.

14.2 Using Parties

Using Parties are authorized by Paying Party, use services under Paying Party's subscription, are subject to these Terms, and may have access restricted or revoked by Paying Party.

14.3 Adding Using Parties

Paying Party may add multiple Using Parties (per plan limits), provide SSO identifiers or login IDs, set access permissions, monitor usage (if enabled), and remove Using Parties at any time.

14.4 Using Party Data

For Using Parties, we collect SSO identifiers, login IDs, email addresses, association with Paying Party, and usage data (if applicable).

14.5 Paying Party Responsibilities

Paying Party is responsible for authorizing appropriate Using Parties, ensuring compliance with Terms, managing access, all charges incurred, and Using Party violations.

14.6 Using Party Responsibilities

Using Parties must comply with these Terms, use Service only as authorized, not share access credentials, respect Paying Party policies, and notify Paying Party of issues.

14.7 Termination Effects

If Paying Party terminates, all Using Parties lose access and Using Party data is deleted per retention policy. If Using Party leaves, only that Using Party's access is removed.

15. User Responsibilities and Acceptable Use

15.1 General Conduct

You must use the Service in compliance with all applicable laws, these Terms, respecting others' rights, without causing harm, and ethically and responsibly.

15.2 Account Responsibilities

You are responsible for maintaining account security, all account activity, protecting login credentials, notifying us of unauthorized access, and keeping account information current.

15.3 Device Security

You must secure devices used to access Service, keep operating systems updated, use antivirus/antimalware software, implement access controls, and protect against unauthorized physical access.

15.4 Data Backup

You are solely responsible for backing up local data, preserving important emails, exporting data before termination, and maintaining offline copies.

15.5 Third-Party Compliance

You must comply with terms of email providers, identity providers, operating system vendors, app stores, and other integrated services.

15.6 Legal Compliance

You must comply with laws regarding privacy, communications, export controls, intellectual property, electronic transactions, record retention, and anti-spam/anti-fraud.

16. Prohibited Activities

You must NOT use the Service to:

16.1 Illegal Activities

• Engage in any unlawful activity or violate laws
• Facilitate criminal activity or evade legal obligations
• Violate court orders or legal processes

16.2 Harmful Content

• Transmit malware, viruses, or malicious code
• Distribute ransomware, spyware, or phishing attacks
• Send spam or unsolicited bulk email
• Distribute child exploitation material or promote violence/terrorism
• Harass, threaten, or intimidate others

16.3 Fraud and Deception

• Engage in fraudulent activities or impersonate others
• Use fake or stolen identities
• Misrepresent affiliation or conduct financial fraud/scams

16.4 Unauthorized Access

• Attempt unauthorized access to accounts, systems, or networks
• Bypass authentication or security measures
• Probe, scan, or test vulnerabilities
• Use stolen credentials or tokens

16.5 Service Disruption

• Interfere with Service operation or infrastructure
• Launch denial-of-service attacks or overload systems
• Exploit vulnerabilities to cause harm

16.6 Intellectual Property Violations

• Infringe copyrights, trademarks, or patents
• Distribute pirated content or violate licensing agreements

16.7 Reverse Engineering

• Reverse engineer the Service (except where legally permitted)
• Decompile, disassemble, or extract source code
• Circumvent technical protection measures

16.8 Abuse and Exploitation

• Exploit the Service for competitive purposes
• Scrape or harvest data without permission
• Use unauthorized tools or scripts
• Resell or sublicense Service without authorization

16.9 Privacy Violations

• Collect personal data without consent
• Violate others' privacy rights
• Share confidential information without authorization
• Conduct unauthorized surveillance or dox private information

16.10 Misuse of Encryption

• Use encryption to facilitate illegal activity
• Violate export controls on cryptographic software
• Circumvent lawful access requirements

17. Third-Party Services and Integration

17.1 Third-Party Dependencies

The Service integrates with:

• Email Providers: Gmail, Google Workspace, Microsoft 365, Outlook.com, IMAP servers
• Identity Providers: Google, Microsoft, and other OAuth providers
• Payment Processors: Stripe, PayPal
• Infrastructure Providers: CloudFlare, cloud hosting services, domain registrars

17.2 Third-Party Terms

Your use of Third-Party Services is subject to their terms of service, privacy policies, acceptable use policies, and pricing.

17.3 No Control Over Third Parties

Media Routes Inc. does NOT control third-party services and is NOT responsible for their availability, security, compatibility, or actions.

17.4 Third-Party Changes

Third parties may change their terms, modify services, alter APIs/protocols, change pricing, or restrict service. Such changes may affect your use of our Service.

17.5 Third-Party Data Practices

Third parties may collect and use your data under different privacy practices, share data with others, be subject to different laws, and have different security standards. Review third-party privacy policies.

17.6 No Endorsement

Integration with third parties does NOT constitute endorsement, partnership, affiliation, or guarantee of quality or security.

18. Enterprise and Organization Use

18.1 Organizational Deployment

Organizations may deploy the Service with centrally managed configuration, organization-wide policies, custom security requirements, internal certificate authorities, and managed identity systems.

18.2 Organization Control

Organization May: Provision and manage your access, set security policies, monitor usage, restrict features, revoke access, define retention policies, and implement custom trust stores.

18.3 Organization Responsibilities

Organizations are responsible for internal governance, employee authorization, security policy implementation, data protection, legal compliance, certificate authority management, and internal support.

18.4 User vs. Organization Rights

Organization rights may supersede user preferences, access usage data, restrict features, and termination of employment may result in access loss.

18.5 Enterprise Agreements

Organizations may enter into custom enterprise agreements, service level agreements (SLAs), data processing agreements (DPAs), and business associate agreements. Contact sales@scomm.ai for enterprise inquiries.

19. Intellectual Property Rights

19.1 Our Intellectual Property

Media Routes Inc. and its licensors own all rights in:

• Software: Desktop, mobile, web applications, server code, APIs, and updates
• Content: Website content, documentation, marketing materials, training resources
• Intellectual Property: Trademarks, logos, patents, trade secrets, and copyrights

19.2 Limited License

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose.

19.3 Restrictions

You may NOT copy, modify, distribute, remove proprietary notices, use our trademarks without permission, or claim ownership.

19.4 Open Source

Certain components may be subject to open source licenses listed in application about/credits sections, which govern those specific components.

19.5 Feedback

If you provide feedback or suggestions, you grant us unlimited right to use them without compensation or obligation to you.

20. User Content and Data Ownership

20.1 Your Data

You retain ownership of your email content, cryptographic keys, uploaded data, account information, and configuration preferences.

20.2 License to Us

You grant Media Routes Inc. a limited license to store data necessary for service operation, process data as described in Privacy Policy, display content back to you, perform backups, and comply with legal obligations.

20.3 Your Responsibilities

You represent and warrant that you own or have rights to your data, your data doesn't violate others' rights or laws, and you have necessary permissions and consents.

20.4 Prohibited Content

Your data must not contain illegal content, infringing materials, malicious code, unauthorized confidential information, or material violating these Terms.

21. API Access and Rate Limits

21.1 API Availability

APIs may be made available for programmatic access, third-party integration, workflow automation, and custom implementations.

21.2 API Terms

API use is subject to these Terms, separate API documentation, rate limits, authentication requirements, and acceptable use policies.

21.3 Rate Limits

We may implement request limits, bandwidth limitations, concurrent connection limits, and feature-specific quotas. Exceeding limits may result in throttling, request rejection, service suspension, or additional fees.

21.4 API Changes

We may modify API endpoints, change behavior, deprecate versions, and require updated authentication with reasonable notice where feasible.

22. Service Availability and Modifications

22.1 Service Availability

Availability Targets: We strive for high availability but guarantee no 100% uptime. Maintenance windows may be scheduled or occur without notice.

Exclusions: Third-party service outages, internet connectivity issues, force majeure events, and user-caused issues.

22.2 Service Modifications

We may add, modify, or remove features, update interfaces, change underlying technology, improve performance/security, and modify service architecture.

22.3 Notice of Changes

Major Changes: Reasonable advance notice (typically 30 days), email or in-app notification, and opportunity to review.

Minor Changes: May be implemented without notice (bug fixes, security updates, performance improvements).

22.4 Beta Features

Beta or experimental features are provided as-is without warranty, may be modified or discontinued, and may have bugs or limitations.

23. Data Retention and Deletion

23.1 Data We Retain

Account Data: Active accounts during relationship, inactive accounts 2 years, deleted accounts 30 days then permanently deleted.

Billing Data: Transaction records 7 years (legal requirement), payment tokens until subscription ends.

Cryptographic Keys: Public keys until user deletes, encrypted private key backups until user deletes.

Logs and Metadata: Server logs 7-90 days depending on type, connection metadata 90 days, relay billing metadata 7 years.

23.2 Data Deletion

You may request deletion of your entire account, specific data elements, device associations, or Using Party links.

23.3 Legal Retention

Some data must be retained for billing records, legal compliance, fraud prevention, and dispute resolution. After legal retention periods, data is deleted or anonymized.

23.4 Backup Deletion

Deleted data is removed from production systems within 30 days and backup systems within 90 days.

24. Export Controls and Compliance

24.1 Export Laws

The Service may be subject to export control laws, sanctions, embargoes, import restrictions, and technology transfer regulations.

24.2 Your Responsibilities

You represent and warrant that you are not in an embargoed country, not on restricted party lists, and will not export the Service in violation of law or use it for prohibited end uses.

24.3 Prohibited Destinations

You may not use the Service if you are in or a national of embargoed countries (Cuba, Iran, North Korea, Syria, Crimea), countries under Canadian sanctions, or other restricted jurisdictions.

24.4 Cryptography Restrictions

The Service contains cryptography subject to export controls, import restrictions, and use restrictions in certain jurisdictions. You are responsible for compliance with local laws regarding cryptography.

24.5 Our Rights

We may restrict Service availability in certain countries, require export compliance verification, terminate accounts in restricted locations, and modify Service to comply with laws.

25. Privacy and Data Protection

25.1 Privacy Policy

Your use of the Service is governed by our Privacy Policy, available at https://scomm.ai/privacy.

25.2 Data Processing

We process your personal data as described in the Privacy Policy, including what data we collect, how we use it, who we share it with, how long we retain it, and your privacy rights.

25.3 International Transfers

Your data may be transferred to and processed in Canada (primary storage), United States (cloud services, relay servers), European Union (relay servers), and other countries where infrastructure is located.

25.4 Your Rights

You have rights to access, correct, delete, export your data, object to processing, and file complaints with regulators. See Privacy Policy for details on exercising rights.

25.5 Data Protection Contact

Privacy inquiries: privacy@scomm.ai | Data Protection Officer: dpo@scomm.ai

26. Warranties Disclaimer

26.1 As-Is Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND.

26.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIA ROUTES INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• Merchantability, fitness for a particular purpose, non-infringement, title, and quality
• Uninterrupted operation, error-free operation, timely operation, and secure operation
• Compatibility with devices, third-party services, future systems, and interoperability
• Protection from all threats, invulnerability to attack, absolute encryption security, and prevention of all breaches

26.3 No Guarantee

We do NOT warrant that the Service will meet your requirements, be available at all times, provide accurate results, correct defects, or be free from harmful components. Encryption is not guaranteed unbreakable, and data may be lost.

26.4 Your Assumption of Risk

You use the Service at your own risk, are responsible for results, should not rely solely on it for critical functions, should maintain independent backups, and should verify important information independently.

26.5 No Advice

Nothing in the Service constitutes professional, legal, or security advice. Consult appropriate professionals as needed.

27. Limitation of Liability

27.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MEDIA ROUTES INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• (A) THE AMOUNT YOU PAID TO MEDIA ROUTES INC. IN THE 12 MONTHS PRECEDING THE CLAIM; OR
• (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

27.2 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIA ROUTES INC. SHALL NOT BE LIABLE FOR:

• Direct Damages: Loss of data, access, downtime, service interruption
• Indirect Damages: Lost profits, revenue, savings, business opportunities, goodwill, reputational harm
• Consequential Damages: Business interruption, alternative service costs, recovery costs, investigation costs
• Specific Circumstances: Email access issues, third-party failures, encryption/key failures, security breaches, account compromise, data corruption, relay issues, connection failures, payment errors, software bugs

27.3 Apply to All Claims

These limitations apply to all claims based on contract, tort (including negligence), strict liability, warranty, statutory claims, or any other legal theory.

27.4 Knowledge of Possibility

These limitations apply even if we were advised of the possibility of damages, damages were foreseeable, or limited remedy fails of essential purpose.

27.5 Jurisdictional Variations

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability. In such jurisdictions, disclaimers and liability limits are applied to the maximum extent permitted.

28. Indemnification

28.1 Your Indemnification Obligation

You agree to defend, indemnify, and hold harmless Media Routes Inc., its directors, officers, employees, contractors, affiliates, licensors, and service providers from any claims, actions, demands, proceedings, liabilities, damages, judgments, settlements, penalties, losses, costs, and expenses (including reasonable attorneys' fees).

28.2 Covered Claims

Arising out of or relating to:

• Your use of the Service or violation of these Terms
• Your violation of applicable laws or third-party rights
• Your User Content, data, or email communications
• Your cryptographic key management or conduct
• Export control violations, encryption misuse, certificate authority mismanagement, SComm Connect abuse, relay service violations, or multi-user account issues

28.3 Defense and Settlement

You must cooperate fully in defense, not settle without our consent, reimburse our costs, and provide timely notice. We may assume exclusive defense and control, require cooperation, and approve settlements.

28.4 Survival

This indemnification obligation survives termination of these Terms.

29. Dispute Resolution and Arbitration

29.1 Informal Resolution

Before filing a claim, contact us at legal@scomm.ai, describe the dispute in detail, and allow 30 days for good-faith negotiation to resolve the dispute.

29.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration, except small claims court actions and intellectual property disputes remain available.

29.3 Arbitration Rules

Arbitration shall be conducted under ADR Institute of Canada rules, in Ontario, Canada, in English language, by single arbitrator (unless parties agree otherwise). Decision is final and binding.

29.4 Costs

Each party bears own legal fees. Arbitrator fees split equally unless arbitrator orders otherwise. Prevailing party may recover costs if permitted by law.

29.5 Class Action Waiver

YOU AGREE THAT: Disputes will be resolved individually, no class actions or class arbitrations, no consolidation with other claims. If class action waiver is unenforceable, arbitration provision is void.

29.6 Exceptions

Nothing prevents small claims court filing, seeking injunctive relief, protecting intellectual property, or enforcing arbitration awards in court.

30. Termination and Suspension

30.1 Termination by You

You may terminate by canceling your subscription in billing portal, emailing termination request to support@scomm.ai, uninstalling all applications, or ceasing use.

30.2 Termination by Us

We may suspend, restrict, or terminate your access immediately, with or without notice, if:

• Violations: You violate these Terms, engage in prohibited activities, abuse the Service, or harm other users
• Security: Your account is compromised, used for attacks, or security threats are detected
• Legal: Required by law, legal process, regulations, or government request
• Non-Payment: Payment failures, chargebacks, disputes, or fraudulent payment activity
• Operational: Service discontinuation, force majeure, or business reasons

30.3 Effect on Using Parties

If Paying Party account is terminated, all Using Parties lose access immediately, Using Party data is deleted per retention policy, and no refunds to Using Parties.

30.4 No Liability for Termination

We are not liable for losses from termination or suspension, inability to access Service, data loss, or disruption to operations.

31. Effect of Termination

31.1 Access Termination

Upon termination, Service access immediately revoked, account credentials become invalid, subscriptions canceled (no refunds), and Using Parties lose access.

31.2 Data Deletion

After termination, account data deleted per retention policy (typically 30 days), public keys removed, device associations deleted, and backups removed from systems (within 90 days).

31.3 Data Retention

We may retain billing records (7 years, legal requirement), records needed for legal compliance, fraud prevention data, and dispute-related information.

31.4 Outstanding Obligations

Termination does NOT relieve you of outstanding payment obligations, liabilities incurred before termination, indemnification obligations, confidentiality obligations, or obligations that should survive.

31.5 Sections That Survive

The following sections survive termination: Intellectual Property Rights, User Content and Data Ownership, Warranties Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, Effect of Termination, and any provisions that should survive.

32. Force Majeure

32.1 Excused Performance

Media Routes Inc. is not liable for failure or delay in performance caused by events beyond our reasonable control, including:

• Natural Events: Acts of God, earthquakes, floods, fires, severe weather, pandemics
• Infrastructure: Internet outages, power outages, telecommunications failures, data center outages
• Human Events: War, terrorism, civil unrest, government actions, strikes, sabotage
• Technical Events: Cyberattacks, DDoS, third-party failures, hardware failures, software defects

32.2 Mitigation

During force majeure, we will use reasonable efforts to mitigate impact, notify users when feasible, and restore service as soon as possible.

32.3 Extended Force Majeure

If force majeure continues 30+ days, either party may terminate with notice. No liability for termination, and refunds at our discretion.

33. Assignment

33.1 Assignment by Us

Media Routes Inc. may assign or transfer these Terms to affiliates, successors, in connection with mergers, acquisitions, or asset sales, with reasonable notice.

33.2 Assignment by You

You may NOT assign or transfer these Terms, your account, or your rights/obligations without our prior written consent. Attempted assignment without consent is void.

33.3 Binding on Successors

These Terms bind and benefit parties, their successors, permitted assigns, and legal representatives.

34. Severability

34.1 Invalid Provisions

If any provision is found invalid, illegal, unenforceable, or void, only that provision is affected, and remaining provisions remain in full force. Invalid provision is modified to minimum extent necessary or removed if modification not possible.

34.2 Intent Preservation

Any modification or removal shall preserve original intent to maximum extent possible and maintain economic balance of agreement.

35. Entire Agreement

35.1 Complete Agreement

These Terms, together with Privacy Policy, any additional terms for specific features, and enterprise agreements (if applicable), constitute the entire agreement regarding the Service.

35.2 Supersedes Prior Agreements

These Terms supersede all prior agreements, understandings, representations, and communications regarding the Service.

35.3 Modifications

No modification or amendment is valid unless in writing and signed by authorized representative of Media Routes Inc., except as provided in Section 37 (Changes to Terms).

36. Waiver

36.1 No Waiver by Silence

Our failure to enforce any provision does NOT constitute waiver of that provision, waiver of future enforcement, waiver of any other provision, or modification of these Terms.

36.2 Effective Waiver

Waiver is effective only if in writing, signed by authorized representative, and specifically references the waived provision.

36.3 Rights Cumulative

Our rights and remedies are cumulative, not exclusive, may be exercised concurrently or separately, and are not diminished by other rights.

37. Changes to Terms

37.1 Right to Modify

Media Routes Inc. reserves the right to modify these Terms to reflect changes in Services, legal or regulatory requirements, business practices, security enhancements, and user feedback.

37.2 Notice of Changes

Material Changes: Email notification, in-app notification, website banner. Effective 30 days after notice (or as required by law).

Non-Material Changes: Updated "Last Updated" date, may be effective immediately with reasonable opportunity to review.

37.3 Acceptance of Changes

Continued use of Service after changes become effective constitutes acceptance of revised Terms.

37.4 Rejection of Changes

If you don't agree with changes, stop using Service, cancel subscription, request account deletion, or export your data before termination.

37.5 Version History

Previous versions available upon request by emailing legal@scomm.ai with subject "Terms of Service Version History".

38. Notices and Communication

38.1 To You

We may provide notices via email to registered address, in-app notifications, prominent website notice, push notifications (mobile apps), or billing portal messages.

38.2 Electronic Communications

You consent to receive communications electronically. Electronic communications satisfy written notice requirements. You are responsible for checking for notices and keeping email current.

38.3 To Us

Notices to Media Routes Inc. must be sent to:

• General: legal@scomm.ai
• Privacy: privacy@scomm.ai
• Security: security@scomm.ai
• Billing: billing@scomm.ai
• Address: Media Routes Inc., 86-50 Burnhamthorpe Road W, Mississauga, ON L5B 3C2, Canada

38.4 Effective Date

Notices are effective when sent (email, if deliverable), 5 business days after postmark (mail), or when displayed (in-app).

39. Governing Law and Jurisdiction

39.1 Governing Law

These Terms are governed by and construed in accordance with laws of the Province of Ontario and federal laws of Canada applicable therein, without regard to conflict of laws principles.

39.2 Jurisdiction

Subject to Section 29 (Arbitration), any legal action or proceeding shall be brought exclusively in courts of Ontario, Canada. You consent to personal jurisdiction and venue of those courts.

39.3 Exceptions

Nothing prevents seeking injunctive relief in any court, protecting intellectual property rights, enforcing arbitration awards, or complying with legal process in other jurisdictions.

39.4 International Users

If you access Service from outside Canada, you do so at your own initiative, are responsible for local law compliance, and these Terms still apply with Ontario law governing.

40. Contact Information

40.1 Company Information

Legal Name: Media Routes Inc.

Jurisdiction: Province of Ontario, Canada

Registration: Ontario Corporation Number (OCN): 1710965

Registered/Head Office Address: Attn: 359, 50 Burnhamthorpe Road West, Suite 86, Mississauga, Ontario, L5B 3C2, Canada

40.2 Departmental Contacts

General Support: Email: support@scomm.ai | Hours: Monday-Friday, 9 AM - 5 PM EST

Legal/Terms: Email: legal@scomm.ai

Privacy/Data Protection: Email: privacy@scomm.ai | DPO: dpo@scomm.ai

Security Issues: Email: security@scomm.ai (24/7 for critical security issues)

Billing/Subscriptions: Email: billing@scomm.ai

Enterprise Sales: Email: sales@scomm.ai

Media/Press: Email: press@scomm.ai

40.3 Website

https://www.scomm.ai/

40.4 Billing Portal

https://billing.scomm.ai/