Privacy Policy
Effective Date: November 22, 2025
Last Updated: November 22, 2025
1. Introduction
Toccata, Inc. ("Company," "we," "us," or "our"), operating as CabinPulse, is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you use our services, website, and products.
Our registered office is located in Saskatchewan, Canada, and we maintain operational headquarters in Saskatoon, SK. We are also registered in Delaware, United States for sales purposes only.
Important: By using our services, you consent to the collection and use of information in accordance with this Privacy Policy. If you do not agree with our policies and practices, do not use our services.
2. Information We Collect
2.1 Personal Information You Provide
We collect information that you voluntarily provide to us when you:
- Create an Account: Name, email address, phone number, password (encrypted)
- Make a Purchase: Billing and shipping addresses, payment information (processed by our payment processor Stripe)
- Contact Us: Any information you provide in customer support inquiries
- Subscribe to Communications: Email address and communication preferences
2.2 Device Data
When you use a CabinPulse monitoring device, we automatically collect:
- Temperature readings
- Humidity levels
- Air quality measurements (VOC levels)
- Power status and outage information
- Device health and connectivity status
- Device serial number and firmware version
- Cellular network information
- Add-on sensor data (if applicable)
2.3 Automatically Collected Information
We automatically collect certain information when you visit our website:
- Usage Data: Pages visited, time spent, click patterns (via Umami Analytics and Mouseflow)
- Device Information: Browser type, operating system, device identifiers
- Location Information: General location based on IP address (country/city level only)
- Cookies and Similar Technologies: See our Cookie Policy for details
2.4 Information from Third Parties
We may receive information from:
- Payment processors (transaction confirmations)
- Analytics providers
- Marketing partners (if you interact with our advertisements)
3. Legal Basis for Processing (GDPR)
For users in the European Economic Area (EEA), United Kingdom, or Switzerland, we process your personal data based on the following legal grounds:
- Contract Performance: Processing necessary to provide our monitoring services and fulfill our agreement with you
- Legitimate Interests: Improving our services, preventing fraud, network security
- Consent: Marketing communications, analytics cookies (where required)
- Legal Obligations: Compliance with tax, accounting, and legal requirements
4. How We Use Your Information
We use your information for the following purposes:
4.1 Service Provision
- Operating and maintaining your CabinPulse monitoring service
- Processing and fulfilling orders
- Sending critical service alerts and notifications
- Providing customer support
- Managing your account and subscriptions
4.2 Communication
- Sending transactional emails (order confirmations, alerts, service updates)
- Responding to inquiries and support requests
- Sending marketing communications (with your consent, where required)
- Notifying you of important changes to our services or policies
4.3 Improvement and Analytics
- Analyzing usage patterns to improve our services
- Conducting research and development
- Testing new features and functionality
- Understanding user preferences and behavior
4.4 Legal and Security
- Preventing fraud and unauthorized access
- Complying with legal obligations
- Enforcing our Terms and Conditions
- Protecting our rights, property, and safety
5. Data Sharing and Disclosure
5.1 Third-Party Service Providers
We share limited data with trusted third parties who assist us in operating our business:
- Stripe: Payment processing (subject to Stripe's Privacy Policy)
- Umami Analytics: Anonymous website analytics
- Mouseflow: Anonymous website behavior analysis
- Email Service Providers: Transactional and marketing emails
- Cloud Hosting Providers: Data storage and server infrastructure
- Customer Support Tools: Managing support tickets and inquiries
These providers are contractually obligated to protect your data and use it only for the purposes we specify.
5.2 Legal Requirements
We may disclose your information when required by law or in response to:
- Valid legal process (subpoenas, court orders)
- Government or regulatory requests
- Protection of our legal rights
- Prevention of fraud or illegal activity
- Protection of safety of our users or the public
5.3 Business Transfers
In the event of a merger, acquisition, bankruptcy, or sale of assets, your information may be transferred to the successor entity. We will notify you via email and/or prominent notice on our website before your information is transferred.
5.4 With Your Consent
We may share your information for other purposes with your explicit consent.
Important: We do NOT sell, rent, or trade your personal information to third parties for their marketing purposes. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.
6. International Data Transfers
We primarily serve customers in the United States and Canada. All data is processed and stored on servers located in Canada. If you are accessing our services from outside these countries, please be aware that your information may be transferred to, stored, and processed in Canada.
For users in the EEA, UK, or Switzerland, we ensure appropriate safeguards are in place for any international transfers, including:
- Standard Contractual Clauses approved by the European Commission
- Adequacy decisions by the European Commission
- Other lawful transfer mechanisms under applicable data protection laws
7. Data Security
We implement appropriate technical and organizational measures to protect your personal information:
- Encryption: All device data is encrypted during transmission using industry-standard protocols (TLS 1.2+)
- Password Protection: Passwords are hashed and encrypted using bcrypt
- Access Controls: Strict internal access controls limit who can access your data
- Secure Infrastructure: Regular security audits and monitoring
- Employee Training: All employees receive data protection training
However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee absolute security.
8. Data Retention
We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
Specific Retention Periods:
- Account Information: For the duration of your active account
- Device Data: For the duration of your active subscription
- Transaction Records: 7 years for tax and accounting purposes
- Marketing Data: Until you unsubscribe or request deletion
- Support Communications: 3 years after case closure
After account closure, we will delete or anonymize your personal information within 30 days, except where we are required to retain it for legal, tax, or accounting purposes.
9. Your Privacy Rights
9.1 General Rights (All Users)
You have the right to:
- Access: Request a copy of your personal data
- Correction: Request correction of inaccurate or incomplete data
- Deletion: Request deletion of your personal data (subject to legal obligations)
- Data Portability: Receive your data in a structured, machine-readable format
- Opt-Out: Unsubscribe from marketing communications
- Account Closure: Close your account at any time
9.2 European Union / EEA Rights (GDPR)
If you are located in the EU/EEA, you have additional rights:
- Right to Restrict Processing: Limit how we use your data
- Right to Object: Object to processing based on legitimate interests
- Right to Withdraw Consent: Withdraw consent at any time (where processing is based on consent)
- Right to Lodge a Complaint: File a complaint with your local data protection authority
9.3 California Rights (CCPA/CPRA)
If you are a California resident, you have the right to:
- Know: Request disclosure of personal information we collect, use, and share
- Delete: Request deletion of your personal information
- Opt-Out of Sale: We do not sell personal information
- Non-Discrimination: We will not discriminate against you for exercising your rights
- Correct: Request correction of inaccurate personal information
- Limit Use: Limit use and disclosure of sensitive personal information
9.4 Canadian Rights (PIPEDA)
As a Canadian company, we comply with PIPEDA. You have the right to:
- Access your personal information
- Challenge the accuracy and completeness of your information
- File a complaint with the Privacy Commissioner of Canada
9.5 How to Exercise Your Rights
To exercise any of these rights, please contact us at:
- Email: support@cabinpulse.com
- Subject Line: "Privacy Rights Request"
We will respond to your request within 30 days (or as required by applicable law). We may need to verify your identity before processing your request.
10. Children's Privacy
Our services are not intended for children under 13 years of age (or 16 in the EEA). We do not knowingly collect personal information from children. If you believe we have collected information from a child, please contact us immediately, and we will delete such information.
11. Text Message Communications
By providing your mobile phone number, you consent to receive transactional text messages (SMS) from CabinPulse, including:
- Critical device alerts (temperature, power outage, etc.)
- Service notifications
- Account security messages
Message and data rates may apply. You can opt out of non-critical messages at any time by replying STOP. However, you cannot opt out of critical alert messages while maintaining an active subscription, as these are essential to the service.
Text messaging originator opt-in data and consent will not be shared with any third parties for marketing or promotional purposes.
12. Marketing Communications
We may send you marketing emails about our products, services, and promotions. You can opt out at any time by:
- Clicking the "unsubscribe" link in any marketing email
- Adjusting your email preferences in your account settings
- Contacting us at support@cabinpulse.com
Please note that even if you opt out of marketing communications, we will still send you transactional emails related to your account and service.
13. Cookies and Tracking Technologies
We use cookies and similar tracking technologies on our website. For detailed information, please see our Cookie Policy.
14. Do Not Track Signals
Some browsers have a "Do Not Track" feature. Because there is no common understanding of how to interpret Do Not Track signals, our website does not currently respond to browser Do Not Track signals.
15. Data Breach Notification
In the event of a data breach that affects your personal information, we will notify you and relevant authorities as required by applicable law. Notification will be made without undue delay and, where feasible, within 72 hours of becoming aware of the breach.
16. Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the privacy practices of these sites. We encourage you to review the privacy policies of any third-party sites you visit.
17. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will notify you of material changes by:
- Posting the updated policy on our website with a new "Last Updated" date
- Sending an email notification to your registered email address
- Displaying a prominent notice on our website or in our service
Your continued use of our services after the effective date of the updated Privacy Policy constitutes your acceptance of the changes.
18. Contact Information
If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:
Toccata, Inc. (operating as CabinPulse)
Email: support@cabinpulse.com
Attention: Privacy Officer
Address: 350 103rd St E #101, Saskatoon, SK S7N 1Z1, Canada
For EU/EEA data protection inquiries, you may also contact your local data protection authority.
19. Accessibility
We are committed to ensuring this Privacy Policy is accessible to all users. If you need this policy in an alternative format, please contact us at support@cabinpulse.com.
Terms and Conditions
Effective Date: November 22, 2025
Last Updated: November 22, 2025
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY CREATING AN ACCOUNT, PURCHASING OUR PRODUCTS, OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Toccata, Inc. ("Company," "we," "us," or "our"), operating as CabinPulse, governing your access to and use of our website, products, and services.
By accessing our website, creating an account, purchasing our products, or using our monitoring services, you represent that:
- You are at least 18 years of age
- You have the legal capacity to enter into a binding contract
- You will comply with all terms and conditions set forth herein
- All information you provide is accurate and truthful
2. Company Information
Legal Entity: Toccata, Inc.
Operating Name: CabinPulse
Operational Headquarters: 350 103rd St E #101, Saskatoon, SK S7N 1Z1, Canada
Delaware Registration: For U.S. sales purposes only; no physical presence in the United States
CabinPulse is a fully Canadian-owned company. All product assembly, customer support, and primary operations are conducted in Saskatoon, Saskatchewan, Canada. Our Delaware registration exists solely to facilitate sales in the U.S. market.
3. Services Description
CabinPulse provides remote property monitoring services through cellular-connected devices that track and report:
- Temperature (±0.2°C accuracy)
- Humidity levels
- Power status and outage detection
- Air quality (VOC monitoring)
- Environmental pressure
- Optional add-on sensors (leak detection, remote temperature sensors, etc.)
Our services include:
- Real-time data monitoring and storage
- Instant alert notifications via SMS and email
- Historical data access and analysis
- Device health monitoring
- Fleet management capabilities (for multiple devices)
- Cellular connectivity (no separate data plan required)
4. Account Terms
4.1 Account Creation and Security
- You must provide accurate, complete, and current information during registration
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
- You must immediately notify us of any unauthorized access or security breach
- We reserve the right to refuse service or terminate accounts at our discretion
4.2 Account Sharing
You may share account access with trusted individuals (e.g., family members, property managers). However, you remain responsible for all actions taken under your account. We recommend using strong passwords and limiting access to trusted persons only.
4.3 Account Termination
You may close your account at any time by contacting support@cabinpulse.com. Upon account closure:
- Your devices will cease reporting data
- You will no longer receive alerts
- Your data will be retained for 30 days, then deleted
- No refunds will be provided for unused subscription time (except as specified in Section 7)
We may terminate or suspend your account immediately, without notice, for:
- Violation of these Terms
- Fraudulent activity
- Non-payment
- Abuse of our services or staff
- Any conduct we deem harmful to our business or other users
5. Service Area and Coverage
5.1 Geographic Coverage
CabinPulse devices are designed to operate in areas with cellular coverage from our supported networks:
- Canada: Bell Mobility, Rogers Wireless, Telus, Videotron, SaskTel
- United States: AT&T, T-Mobile, Verizon, Alaska Wireless
- Mexico: AT&T, Telcel
- International: Coverage available in 100+ countries (see website for details)
Devices automatically connect to available cellular networks (LTE with 3G fallback) in your area.
5.2 Coverage Limitations
Service requires adequate cellular signal from supported carriers. You acknowledge that cellular signal strength may fluctuate due to factors beyond our control, including but not limited to:
- Weather conditions and atmospheric interference
- Seasonal changes (e.g., foliage growth on trees in spring/summer)
- Construction or physical obstructions
- Network maintenance or tower decommissioning by cellular carriers
We do not guarantee continuous, uninterrupted service in areas with marginal coverage.
5.3 Coverage-Related Returns
If your location has insufficient cellular coverage upon initial setup, you may return the device within the 30-day guarantee period (see Section 7.1).
Important: We are unable to provide refunds or cancel remaining subscription terms for coverage issues that arise after the initial 30-day period due to changing environmental conditions (e.g., seasonal foliage) or carrier network changes. If your device loses connectivity after previously functioning correctly, please contact support for troubleshooting or potential antenna solutions.
6. Payment Terms
6.1 Pricing
- All prices are listed in Canadian Dollars (CAD)
- Current pricing: $199 CAD one-time device fee + subscription
- Subscription options:
- 1-Year Plan: $14 CAD/month (billed annually at $168 CAD)
- 3-Year Plan: $10 CAD/month (billed every 3 years at $360 CAD)
- Prices are subject to change with 30 days' notice for new subscriptions
- Existing subscriptions are locked at their original price for the duration of the plan
6.2 Payment Processing
- All payments are processed securely through Stripe
- We accept major credit cards and debit cards
- Payment is required at the time of purchase
- You authorize us to charge your payment method for all fees incurred
6.3 Subscription Renewals
IMPORTANT: Subscriptions DO NOT automatically renew.
- We will send renewal reminders 60, 30, and 14 days before expiration
- You must manually renew your subscription to continue service
- If you do not renew, your service will terminate at the end of your subscription period
- Data will be retained for 30 days after expiration, then permanently deleted
6.4 Subscription Pausing
- You may pause your subscription once per year
- Pausing extends your subscription expiration date by the pause duration
- Example: A 1-year plan can be used over two 6-month periods across two years
- To pause or restart, contact support@cabinpulse.com
- During pause periods, devices will not report data and alerts will not be sent
6.5 Failed Payments
If a payment fails:
- We will attempt to process payment up to 3 times
- You will be notified of payment failures
- Service will continue during retry period (up to 14 days)
- If payment ultimately fails, service will be suspended
- Account may be terminated if payment is not received within 30 days
6.6 Chargebacks and Payment Disputes
- Unauthorized chargebacks may result in immediate account termination
- You agree to contact us first to resolve any billing disputes
- Chargeback fees may be charged to your account
- Devices must be returned for chargeback-related refunds
7. Refund and Return Policy
7.1 30-Day Money-Back Guarantee
We offer a 30-day money-back guarantee from the date of purchase, subject to the following conditions:
- Eligibility: Available to all first-time purchasers
- Full Refund Includes: Device fee + subscription fee
- Device Condition: Device must be returned in resaleable condition (minimal wear, original packaging preferred)
- Return Shipping: Customer is responsible for return shipping costs unless waived at our discretion
- One-Time Offer: Each customer may use the 30-day guarantee once; subsequent requests will be refused except at our sole discretion
- Processing Time: Refunds issued within 7-10 business days after receiving returned device
7.2 Returns After 30 Days
- Generally, no refunds are provided after the 30-day period
- Exceptions may be made at our sole discretion for:
- Documented cellular coverage issues
- Defective devices outside warranty coverage
- Other exceptional circumstances
- Any approved returns after 30 days will be evaluated on a case-by-case basis
7.3 Non-Refundable Items
- Shipping fees (unless product is defective)
- Add-on sensors and accessories (after 30 days)
- Subscription fees for time already used
8. Device Warranty
8.1 Limited 3-Year Warranty
CabinPulse devices are covered by a limited 3-year warranty from the date of purchase, covering:
- Manufacturing defects
- Hardware malfunctions under normal use
- Defective components
- Firmware issues preventing normal operation
8.2 Warranty Process
- Contact support@cabinpulse.com to initiate a warranty claim
- Provide device serial number and description of issue
- We may request diagnostic information or troubleshooting steps
- We will repair or replace defective devices at our sole discretion
- Replacement devices may be new or refurbished
- Warranty on replacement devices extends original warranty period only
8.3 Warranty Exclusions
The warranty does NOT cover:
- Damage from misuse, abuse, or improper installation
- Outdoor use or exposure to extreme conditions outside specified ranges
- Unauthorized modifications or repairs
- Normal wear and tear
- Damage from power surges, lightning, or electrical issues
- Water damage or liquid ingress
- Physical damage, drops, or impact
- Loss or theft
- Acts of nature (fire, flood, etc.)
8.4 Warranty Disclaimer
THIS LIMITED WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Device Usage and Specifications
9.1 Intended Use
- Indoor Use Only: Devices are designed for indoor environmental monitoring
- Operating Range: -20°C to 60°C (-4°F to 140°F)
- Humidity Range: 0-100% RH
- Power Requirements: 110-240V AC via included adapter
9.2 Installation Requirements
- Device must be plugged into a power outlet at all times
- Adequate cellular signal required for operation
- Avoid placement near heat sources, vents, or direct sunlight
- Do not block ventilation holes
- Keep device away from water and excessive moisture
9.3 Alternative Power Sources
- Device compatible with 12V/24V power with appropriate converter
- Solar power systems supported with proper voltage regulation
- Contact support for converter recommendations
- Backup battery provides up to 3 days during power outages
- Battery life significantly reduced in extreme temperatures
9.4 SIM Card Restrictions and Tampering
The SIM card embedded or installed in your CabinPulse device is the property of Toccata, Inc. and is strictly licensed for use solely within the CabinPulse device.
You agree NOT to:
- Remove the SIM card from the device
- Insert the SIM card into any other device (e.g., tablets, hotspots, phones)
- Attempt to reverse engineer or bypass the data limits placed on the SIM
Liability for Data Theft: If we detect that the SIM card has been removed or used in an unauthorized device, we reserve the right to:
- Immediately terminate your service without refund
- Charge your payment method for any excess data usage fees incurred at the carrier's standard roaming/overage rates
- Permanently ban you from using our services
9.5 Battery Safety and Handling
Your device contains a rechargeable lithium-polymer or lithium-ion backup battery. To reduce the risk of fire, explosion, or chemical burn:
- Do not attempt to remove, replace, or repair the battery yourself unless explicitly instructed by CabinPulse support
- Do not puncture, crush, or disassemble the device
- Do not expose the device to temperatures above 60°C (140°F) or incinerate the device
- Disposal: Do not dispose of the device or battery in standard household trash. Please recycle the device in accordance with local regulations regarding electronic waste and lithium batteries.
10. Limitation of Liability
IMPORTANT - PLEASE READ CAREFULLY
10.1 General Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
- Service interruptions or outages due to cellular network issues, ISP failures, or circumstances beyond our reasonable control
- Property damage, including but not limited to frozen pipes, mold, fire, flooding, or other conditions that our devices are designed to monitor
- Consequential, indirect, incidental, special, or punitive damages
- Loss of profits, revenue, data, or use
- Business interruption
- Personal injury (except where prohibited by law)
- Emotional distress or mental anguish
- Fines, penalties, or device confiscation by customs or regulatory authorities due to the import or use of the device in uncertified jurisdictions
10.2 Monitoring Devices - Not Insurance
IMPORTANT: CabinPulse devices are monitoring and alerting tools only. They are NOT:
- A substitute for property insurance
- A guarantee against property damage
- A prevention system (devices monitor and alert; they do not prevent problems)
- Suitable for life safety or critical infrastructure monitoring
You acknowledge that:
- Alerts may be delayed due to cellular network issues
- False positives and false negatives can occur
- You are solely responsible for taking appropriate action upon receiving alerts
- Proper property maintenance and insurance are your responsibility
10.3 Maximum Liability Cap
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE DEVICE AND ONE YEAR OF SUBSCRIPTION FEES, OR $500 CAD, WHICHEVER IS LESS.
10.4 Essential Purpose
You acknowledge that the limitations of liability in this section are essential elements of the agreement between you and CabinPulse. The Service would not be provided without such limitations.
11. Disclaimer of Warranties
OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of data
- Uninterrupted or error-free operation
- Compatibility with all systems or networks
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Indemnification
You agree to indemnify, defend, and hold harmless Toccata, Inc. (CabinPulse), its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:
- Your use or misuse of our services or products
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
- Any content or information you provide
- Property damage at your monitored locations
13. Dispute Resolution and Arbitration
IMPORTANT - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully. It affects your legal rights.
13.1 Informal Resolution
Before filing any formal dispute, you agree to first contact us at support@cabinpulse.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.
13.2 Binding Arbitration
If informal resolution fails, any dispute arising out of or relating to these Terms or our services will be resolved through binding arbitration, except as specified below.
Arbitration Procedures:
- Governing Rules: Arbitration will be conducted under the Arbitration Rules of the ADR Institute of Canada
- Location: Arbitration will take place in Saskatchewan, Canada, or via remote/virtual hearing
- Single Arbitrator: Disputes will be heard by a single arbitrator
- Decision: The arbitrator's decision is final and binding
- Costs: Each party bears their own costs unless the arbitrator determines otherwise
13.3 Class Action Waiver
YOU AND CABINPULSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
Unless both you and CabinPulse agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative, class, or collective proceeding.
13.4 Exceptions to Arbitration
Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information. Small claims court actions (under applicable jurisdictional limits) may also be pursued in court.
13.5 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to support@cabinpulse.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.
14. Intellectual Property
14.1 Our Intellectual Property
All content, features, and functionality of our website, products, and services, including but not limited to:
- Text, graphics, logos, icons, images, audio, and video
- Software, firmware, and source code
- Design, layout, and interface
- Trademarks, service marks, and trade names
- Data, algorithms, and processes
are owned by or licensed to Toccata, Inc. and are protected by Canadian and international copyright, trademark, patent, and other intellectual property laws.
14.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use our services for personal, non-commercial purposes
- View and display content from our website
- Use our products as intended
This license does not permit you to:
- Modify, copy, distribute, or create derivative works
- Reverse engineer, decompile, or disassemble our products or software
- Remove or alter any proprietary notices
- Use our trademarks without permission
- Frame or mirror any portion of our services
14.3 User Data Ownership
You retain all rights to the data collected by your CabinPulse device. We claim no ownership over your temperature, humidity, or other monitoring data.
However, you grant us a limited license to:
- Store, process, and transmit your data to provide services
- Use anonymized, aggregated data for analytics and service improvement
- Display your data back to you through our dashboard and applications
14.4 Trademark Usage
"CabinPulse" and our logo are trademarks of Toccata, Inc. You may not use our trademarks without our prior written permission. Any authorized use must comply with our brand guidelines.
14.5 Copyright Infringement
If you believe any content on our platform infringes your copyright, please contact us at support@cabinpulse.com with:
- Description of the copyrighted work
- Location of the infringing material
- Your contact information
- Statement of good faith belief
- Statement of accuracy and authority
- Your physical or electronic signature
15. Prohibited Uses and User Conduct
You agree NOT to:
15.1 Illegal Activities
- Use our services for any illegal purpose
- Violate any local, provincial, national, or international law
- Infringe on intellectual property rights
- Engage in fraudulent activity
15.2 Harmful Activities
- Transmit viruses, malware, or malicious code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services or servers
- Conduct denial-of-service attacks
- Probe, scan, or test vulnerabilities
15.3 Abuse and Misuse
- Share your account with unauthorized parties
- Use the service in violation of our policies
- Abuse, harass, or threaten our staff or other users
- Create multiple accounts to circumvent restrictions
- Use automated systems (bots, scrapers) without permission
15.4 Commercial Restrictions
- Resell or redistribute our services without authorization
- Use our services for competitive purposes
- Scrape or harvest data from our platform
- Use our services for unauthorized commercial purposes
16. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God (earthquakes, floods, fires, storms, etc.)
- War, terrorism, civil unrest
- Government actions or regulations
- Pandemic or epidemic
- Labor disputes or strikes
- Telecommunications or internet failures
- Cellular network outages or issues
- Power outages
- Supplier or vendor failures
17. International Import and Regulatory Compliance
17.1 Device Certification
CabinPulse devices utilize cellular modems that carry specific regulatory certifications:
- Americas Model: Certified for use in Canada (ISED) and the United States (FCC).
- Global Model: Certified for use in the EEA (CE), United Kingdom (UKCA), and select other jurisdictions.
IMPORTANT: Toccata, Inc. makes no representation that the Device complies with wireless regulatory requirements in jurisdictions other than those explicitly listed above.
17.2 Importer of Record
If you order a device for delivery to a destination outside of Canada or the United States, you acknowledge that you are the Importer of Record. As such, you are solely responsible for:
- Ensuring the device complies with all local laws, regulations, and radio frequency standards in your jurisdiction
- Paying all applicable import duties, value-added taxes (VAT), customs fees, and brokerage charges
- Providing any necessary documentation required by your country's customs authorities
17.3 Customs Seizure and Regulatory Fines
Toccata, Inc. shall not be liable for:
- Devices confiscated, seized, or destroyed by customs authorities due to regulatory non-compliance
- Fines, penalties, or legal action taken against you by local authorities for operating uncertified wireless equipment
- Delays in delivery caused by customs clearance processes
If a device is returned to us by customs due to your failure to pay duties or provide documentation, we will refund the device cost minus shipping fees and any return fees charged to us by the carrier.
18. Modifications to Service and Terms
18.1 Service Modifications
We reserve the right to:
- Modify, suspend, or discontinue any part of our services
- Update device firmware and software
- Change features, functionality, or specifications
- Adjust pricing with 30 days' notice for new purchases
Material changes will be communicated via email or notice in your account dashboard.
18.2 Terms Modifications
We may update these Terms at any time. When we make material changes, we will:
- Update the "Last Updated" date
- Notify you via email
- Post a prominent notice on our website
Your continued use of our services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our services.
19. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
20. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by us of any term or condition shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition.
21. Assignment
You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms to any affiliate or successor entity without your consent. Any attempted assignment in violation of this section is void.
22. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CabinPulse regarding the use of our services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
23. Electronic Communications
By using our services, you consent to receive electronic communications from us, including emails, text messages, and notifications through our platform. These communications may include:
- Transactional messages (alerts, order confirmations, etc.)
- Service updates and announcements
- Administrative messages
- Marketing communications (if you opt in)
You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
24. Language
These Terms are drafted in English. In the event of any conflict between an English version and a translation, the English version shall prevail to the extent permitted by applicable law.
25. Survival
Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimer of warranties, limitation of liability, indemnification, dispute resolution, and governing law.
26. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Saskatchewan, Canada, without regard to conflict of law principles.
Subject to the arbitration provisions in Section 13, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Saskatchewan, Canada. You consent to the personal jurisdiction of such courts and waive any objection to venue.
For users in Quebec, any dispute shall be governed by the laws of Quebec, Canada.
27. Enterprise and Custom Agreements
For customers requiring:
- Service Level Agreements (SLAs)
- Bulk orders (10+ devices)
- Custom terms or pricing
- Dedicated support
- Custom deployment or integration
Please contact us at support@cabinpulse.com. Enterprise agreements may supersede certain provisions of these standard Terms.
28. Contact Information
For questions, concerns, or notices regarding these Terms, please contact us:
Toccata, Inc. (operating as CabinPulse)
Email: support@cabinpulse.com
Subject Line: "Terms of Service Inquiry"
Address: 350 103rd St E #101, Saskatoon, SK S7N 1Z1, Canada
29. Acknowledgment
BY CLICKING "I AGREE," CREATING AN ACCOUNT, MAKING A PURCHASE, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You are of legal age to enter into a binding contract
- You have the authority to accept these Terms