Last updated: August 5, 2026

These Terms of Use (“Terms”) govern access to and use of:

• the public website operated by Buoyancy Works Software Corp. at buoyancy.works and related webpages (the “Website”); and

• the Buoyancy software platform, applications, portals, and related services made available by Buoyancy Works Software Corp. (the “Platform”).

In these Terms, “Buoyancy Works,” “Buoyancy,” “we,” “us,” and “our” mean Buoyancy Works Software Corp.

Please read these Terms carefully. By accessing or using the Website or Platform, you agree to comply with these Terms.

1. Scope of these Terms

These Terms apply differently depending on how you interact with Buoyancy.

1.1 Website visitors

If you visit the public Website, these Terms govern your access to and use of the Website and its content.

1.2 Platform users

If you access the Platform through a community organization, charity, educational institution, employer, government-funded program, or other Buoyancy customer, you are an “Authorized User.”

Your access is provided on behalf of the organization that authorized your account or Platform access (the “Customer Organization”).

1.3 Customer organizations

A Customer Organization’s purchase and use of the Platform may also be governed by a service agreement, subscription agreement, order form, statement of work, data-processing agreement, or other written agreement with Buoyancy Works (collectively, a “Customer Agreement”).

If these Terms conflict with a Customer Agreement:

• the Customer Agreement governs the relationship between Buoyancy Works and the Customer Organization; and

• these Terms continue to govern matters not addressed by the Customer Agreement and the conduct of individual Authorized Users.

Nothing in these Terms expands the services, warranties, service levels, data-processing obligations, or other commitments contained in a Customer Agreement.

2. Eligibility and authority

2.1 Website use

You may use the public Website if you are legally capable of agreeing to these Terms.

2.2 Platform accounts

Staff, administrators, advocates, coaches, volunteers, contractors, and other workforce users must be authorized by their Customer Organization to access the Platform.

By using an account on behalf of a Customer Organization, you represent that:

• you are authorized to use the Platform in your assigned role;

• the information you provide in connection with your account is accurate; and

• you will comply with the Customer Organization’s applicable policies and instructions.

2.3 Participants and users under the age of majority

The Platform may be used to provide programs or services to children, youth, dependants, and other individuals who have not reached the age of majority.

A participant’s eligibility to use participant-facing features is determined by the applicable Customer Organization. The Customer Organization is responsible for determining and documenting the appropriate consent, authorization, notice, parental or guardian involvement, and supervision required under applicable law and its own policies.

These Terms do not independently authorize Buoyancy Works to provide services directly to a minor.

3. The role of Customer Organizations

Customer Organizations determine how they use the Platform to deliver their programs and services.

Unless a Customer Agreement expressly provides otherwise, the Customer Organization is responsible for:

• determining which individuals may access the Platform;

• configuring programs, forms, workflows, permissions, and account roles;

• determining which participant information is collected and why;

• providing appropriate privacy notices and obtaining any required consent or other legal authority;

• ensuring that information entered into the Platform is lawful, relevant, and reasonably accurate;

• administering and reviewing staff access;

• responding to participant requests concerning services, records, eligibility, and program decisions;

• establishing applicable record-retention requirements;

• reviewing and acting on information produced through the Platform; and

• complying with the laws, contracts, funder requirements, and professional obligations applicable to the Customer Organization.

Buoyancy Works provides technology and related services. Unless expressly agreed otherwise, Buoyancy Works does not determine participant eligibility, provide social work, clinical, legal, financial, employment, or other professional services, or make program decisions on behalf of Customer Organizations.

4. Accounts and account security

Where use of the Platform requires an account, you agree to:

• provide accurate and current account information;

• keep your login credentials confidential;

• use only the account assigned to you;

• not permit another person to use your account;

• use appropriate security controls on devices used to access the Platform;

• sign out or otherwise secure your session when access is no longer required; and

• promptly notify Buoyancy Works or your Customer Organization of suspected unauthorized access, credential compromise, or other security concerns.

You are responsible for activity conducted through your account to the extent that the activity results from your failure to comply with these obligations.

Buoyancy Works and the Customer Organization may require password changes, multi-factor authentication, session termination, identity verification, or other reasonable security measures.

5. Permitted use

Subject to these Terms and any applicable Customer Agreement, Buoyancy Works grants Authorized Users a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for the Customer Organization’s authorized internal program and service-delivery purposes.

Website visitors may access and use the Website for lawful informational and business purposes.

No ownership interest in the Website, Platform, or Buoyancy Works intellectual property is transferred to any user.

6. Acceptable use

You must not use the Website or Platform to:

• violate any applicable law, regulation, court order, or legal obligation;

• infringe the intellectual-property, privacy, confidentiality, contractual, or other rights of another person;

• access participant or organizational information without authorization or a legitimate work-related purpose;

• obtain information about individuals outside the scope of your assigned role;

• submit information that you are not authorized to collect, use, disclose, or process;

• impersonate another person or misrepresent your identity, authority, affiliation, or role;

• share account credentials or circumvent role-based access controls;

• interfere with the availability, security, integrity, or performance of the Website or Platform;

• introduce malware, malicious code, ransomware, automated attacks, or harmful content;

• probe, scan, or test vulnerabilities without Buoyancy Works’ prior written authorization;

• bypass encryption, authentication, rate limits, technical restrictions, or security controls;

• scrape, harvest, extract, or systematically download information except through authorized Platform functions;

• reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of the Platform, except where such restrictions are prohibited by law;

• use the Platform to send unlawful spam or unsolicited bulk communications;

• use Platform information for advertising, data brokerage, surveillance, discriminatory profiling, or purposes unrelated to the applicable program or service;

• upload content that is unlawful, threatening, defamatory, deceptive, malicious, or designed to harm another person; or

• assist another person in doing any of the above.

Reasonable use of reports, exports, application programming interfaces, and integration features expressly made available by Buoyancy Works is permitted within the scope authorized by the Customer Organization and any Customer Agreement.

7. Customer data and user-submitted content

7.1 Definitions

“Customer Data” means information, records, documents, communications, form responses, notes, files, and other content submitted to, generated within, or maintained in the Platform by or for a Customer Organization or its Authorized Users.

Customer Data includes participant information and other personal information processed through the Platform.

7.2 Ownership

As between Buoyancy Works and the Customer Organization, the Customer Organization retains its rights in Customer Data.

Participants and other individuals may also retain rights in their personal information or submitted content under applicable law.

Buoyancy Works does not claim ownership of Customer Data merely because it is stored or processed through the Platform.

7.3 Limited permission to process Customer Data

The Customer Organization and its Authorized Users grant Buoyancy Works a limited right to host, copy, transmit, process, display, back up, restore, and otherwise handle Customer Data only as reasonably necessary to:

• provide, operate, maintain, secure, and support the Platform;

• perform the applicable Customer Agreement;

• comply with documented instructions from the Customer Organization;

• prevent or investigate misuse, fraud, errors, and security incidents;

• satisfy applicable legal obligations; and

• exercise other rights expressly described in the Customer Agreement or Privacy Policy.

This permission does not authorize Buoyancy Works to sell Customer Data or use participant information for independent advertising or data-brokerage purposes.

7.4 Responsibility for submitted content

The person or organization submitting Customer Data represents that it has the authority to submit and process that information through the Platform.

Authorized Users must use reasonable care when entering information, particularly information concerning participants, households, financial circumstances, wellbeing, or service interactions.

8. Aggregated and de-identified information

Buoyancy Works may create and use aggregated or de-identified information derived from use of the Platform where the information cannot reasonably be associated with an identifiable individual or Customer Organization.

Subject to applicable law and any Customer Agreement, Buoyancy Works may use such information to:

• analyze service performance and reliability;

• understand Platform usage;

• improve functionality and user experience;

• conduct research and product development;

• produce aggregate benchmarking or impact information; and

• support internal business planning and reporting.

Buoyancy Works will not attempt to re-identify information that has been de-identified for these purposes, except where reasonably necessary to test or validate the effectiveness of the de-identification process or as otherwise permitted by law.

9. Artificial-intelligence-assisted features

9.1 Assistive features

Certain optional Platform features may use generative artificial intelligence to assist Authorized Users with activities such as:

• drafting summaries;

• extracting possible actions, topics, or structured information from notes;

• organizing information;

• locating potentially relevant content; and

• preparing other draft material for staff review.

The Platform’s AI-assisted features are intended to support, not replace, human judgment.

9.2 Review of AI output

AI-generated output may be inaccurate, incomplete, outdated, misleading, biased, or inappropriate for a particular participant or situation.

Authorized Users are responsible for reviewing, correcting, approving, or rejecting AI-generated output before:

• relying on it;

• communicating it to a participant or another organization;

• adding it to an official record;

• using it to guide service delivery; or

• taking any consequential action based on it.

Customer Organizations must ensure that their personnel receive appropriate guidance on the use and limitations of AI-assisted features.

9.3 No automated professional or eligibility decision

Unless expressly stated in a Customer Agreement, AI-assisted features are not intended to:

• make final eligibility or funding decisions;

• approve or deny benefits, services, referrals, or financial assistance;

• provide medical, psychological, legal, financial, or other professional advice;

• diagnose a condition;

• replace required professional assessment; or

• make decisions without meaningful human review.

9.4 AI processing and privacy

Information submitted to AI-assisted features is handled as described in the Buoyancy Works Privacy Policy and any applicable Customer Agreement.

Customer Organizations are responsible for determining whether use of an AI-assisted feature is appropriate for their programs, participants, legal obligations, funder requirements, and internal policies.

10. Intellectual property

The Website, Platform, and related materials are owned by or licensed to Buoyancy Works and are protected by Canadian and international intellectual-property laws.

Buoyancy Works intellectual property includes, as applicable:

• software and source code;

• interfaces, layouts, workflows, and designs;

• databases and data structures;

• documentation and training materials;

• text, graphics, illustrations, icons, photographs, audio, and video;

• trademarks, logos, trade names, and branding;

• methodologies, configurations, and templates; and

• improvements, modifications, and derivative works.

Except for the limited rights expressly granted under these Terms or a Customer Agreement, no right, title, or interest in Buoyancy Works intellectual property is granted to users or Customer Organizations.

You must not copy, reproduce, modify, distribute, sell, sublicense, publish, publicly display, or create derivative works from Buoyancy Works materials unless expressly authorized by law, these Terms, or a written agreement with Buoyancy Works.

11. Feedback

If you provide suggestions, ideas, recommendations, or other feedback concerning the Website or Platform, you grant Buoyancy Works a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation.

This provision does not give Buoyancy Works ownership of Customer Data or participant information contained incidentally in feedback. Users should avoid including identifiable participant information when submitting general product feedback unless necessary for an authorized support request.

12. Third-party services and links

The Website and Platform may contain links to or interoperate with third-party websites, applications, identity providers, email services, cloud services, or other external systems.

Third-party services are governed by their own terms and privacy practices. Buoyancy Works does not control and is not responsible for:

• the content or availability of independent third-party websites;

• actions taken by third parties outside Buoyancy Works’ control;

• information a user independently submits to a third party; or

• third-party services not supplied as part of a Customer Agreement.

This section does not reduce any contractual responsibility Buoyancy Works has for subprocessors or third-party services it selects to provide the Platform.

13. Privacy

Buoyancy Works handles personal information as described in its Privacy Policy:

https://buoyancy.works/privacy-policy/

The Privacy Policy forms part of these Terms but does not replace any privacy, confidentiality, security, or data-processing commitments contained in a Customer Agreement.

Customer Organizations remain responsible for their own privacy notices, consent practices, legal authority, record-management obligations, and responses to participant privacy requests.

14. Security and shared responsibility

Buoyancy Works maintains administrative, technical, and organizational safeguards intended to protect information processed through the Platform. Current safeguards are described at a general level in the Privacy Policy and may be addressed in greater detail in a Customer Agreement or security documentation.

Security is a shared responsibility.

Buoyancy Works is responsible for safeguards within the systems and infrastructure it controls, subject to the limitations and commitments in the applicable Customer Agreement.

Customer Organizations and Authorized Users are responsible for matters within their control, including:

• assigning appropriate user roles and permissions;

• promptly removing access that is no longer required;

• protecting credentials and user devices;

• securing exported or downloaded information;

• configuring the Platform appropriately;

• limiting information collection to authorized purposes;

• training personnel;

• maintaining their own networks, systems, and endpoint security; and

• notifying Buoyancy Works promptly of suspected incidents.

No Internet-based service can be guaranteed to prevent every unauthorized act, service interruption, or data-loss event. This does not relieve Buoyancy Works of obligations expressly assumed under a Customer Agreement or imposed by applicable law.

15. Availability, maintenance, and changes

Buoyancy Works may periodically:

• maintain, repair, update, or modify the Website or Platform;

• add, change, or discontinue non-material functionality;

• apply security patches;

• introduce usage limits or technical controls;

• temporarily restrict access to address security, legal, or operational risks; or

• interrupt access for planned or emergency maintenance.

Where commercially reasonable, Buoyancy Works will seek to minimize disruption and provide notice of material planned changes or maintenance.

Any availability commitments, service levels, support obligations, remedies, or notice periods agreed with a Customer Organization are governed by the applicable Customer Agreement.

16. Suspension and termination

16.1 Suspension

Buoyancy Works may suspend or restrict access where reasonably necessary to:

• respond to a security threat or suspected unauthorized access;

• prevent material harm to the Platform, users, or third parties;

• address unlawful or prohibited activity;

• comply with a legal requirement;

• investigate a material violation of these Terms;

• respond to a Customer Organization’s instruction;

• address non-payment under a Customer Agreement; or

• protect the integrity or availability of the Platform.

Where appropriate and legally permitted, Buoyancy Works will provide notice and an opportunity to address the issue.

16.2 Individual accounts

A Customer Organization may suspend or terminate an Authorized User’s access at any time.

Buoyancy Works may also suspend or terminate an individual account that materially violates these Terms or presents a security, legal, or operational risk.

16.3 Customer termination

Termination of a Customer Organization’s subscription, return or deletion of Customer Data, transition assistance, and continued access are governed by the applicable Customer Agreement and the retention practices described in the Privacy Policy.

There is no universal one-year deletion period.

17. Fees and payment

The Website does not generally sell physical goods or provide consumer checkout, shipping, or affiliate-purchase services.

Fees for Platform subscriptions, implementation, configuration, support, training, professional services, or other paid services are governed by the applicable Customer Agreement, order form, invoice, or other written arrangement with Buoyancy Works.

Authorized Users and participants are not personally responsible for a Customer Organization’s subscription fees unless they have separately entered into a written agreement with Buoyancy Works.

18. Informational and professional-services disclaimer

Information provided through the Website, Platform, documentation, or AI-assisted features is provided for general informational, workflow-support, program-delivery, and organizational purposes.

Unless expressly agreed in writing, Buoyancy Works does not provide:

• medical or mental-health diagnosis or treatment;

• legal advice;

• regulated financial advice;

• clinical assessment;

• emergency or crisis services;

• employment-placement guarantees;

• government-benefit determinations; or

• eligibility decisions for customer programs.

Customer Organizations and their qualified personnel remain responsible for interpreting Platform information and delivering professional or program services.

Individuals experiencing an emergency should contact the appropriate emergency service or qualified service provider rather than relying on the Platform.

19. Warranties and disclaimers

Buoyancy Works will provide the Platform in accordance with any express warranties contained in the applicable Customer Agreement.

Except for those express warranties and to the maximum extent permitted by law:

• the public Website and its content are provided on an “as is” and “as available” basis;

• Buoyancy Works does not warrant that every feature will be uninterrupted or error-free;

• Buoyancy Works does not warrant that user-entered information or AI-generated output will be accurate, complete, or appropriate for a particular purpose;

• Buoyancy Works does not warrant the availability or conduct of independent third-party services; and

• implied warranties and conditions are excluded to the extent legally permitted.

Nothing in these Terms excludes a warranty, condition, right, or remedy that cannot lawfully be excluded.

20. Limitation of liability

20.1 Customer Organizations

Liability between Buoyancy Works and a Customer Organization is governed by the applicable Customer Agreement.

These Terms do not increase, replace, or override a negotiated limitation of liability, indemnity, warranty, insurance requirement, or remedy contained in a Customer Agreement.

20.2 Authorized Users and Website visitors

To the maximum extent permitted by law, Buoyancy Works will not be liable to an individual Authorized User or Website visitor for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of or inability to use the Website or Platform, including loss of profits, revenue, goodwill, or business opportunity.

Where no Customer Agreement governs the claim, Buoyancy Works’ aggregate liability arising from these Terms will not exceed the greater of:

• CAD $100; or

• the amount the claimant personally paid directly to Buoyancy Works for the applicable service during the six months preceding the event giving rise to the claim.

20.3 Exclusions

Nothing in these Terms limits or excludes liability to the extent that it cannot lawfully be limited or excluded.

Nothing in these Terms excludes obligations relating to privacy, confidentiality, security, or data protection that Buoyancy Works has expressly assumed in a Customer Agreement or that apply under law.

21. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Buoyancy Works and its directors, officers, employees, and contractors from third-party claims, losses, and reasonable costs arising directly from:

• your unlawful use of the Website or Platform;

• your material breach of these Terms;

• content you submit without the required authority;

• your infringement of another person’s rights; or

• your deliberate circumvention of security or access controls.

This section does not require an individual participant to indemnify Buoyancy Works for actions taken in good faith while receiving services from a Customer Organization.

Any indemnification obligations between Buoyancy Works and a Customer Organization are governed by the applicable Customer Agreement.

22. Changes to these Terms

Buoyancy Works may update these Terms to reflect changes in:

• the Website or Platform;

• applicable law;

• security or privacy practices;

• third-party services;

• AI-assisted features; or

• business and operational requirements.

The updated Terms will be posted with a revised “Last updated” date.

Where a change materially affects Authorized Users or Customer Organizations, Buoyancy Works may provide additional notice through the Platform, by email, through the Customer Organization, or by another reasonable method.

A material change to these Terms will not retroactively amend a Customer Agreement unless the Customer Agreement expressly permits that amendment.

Continued use after updated Terms take effect constitutes acceptance of the updated Terms to the extent permitted by law.

23. Governing law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict-of-law principles.

Subject to any dispute-resolution process in an applicable Customer Agreement, disputes arising from these Terms will be brought before the courts located in Calgary, Alberta, unless applicable law requires otherwise.

24. General provisions

24.1 Entire agreement

For Website visitors and individual Authorized Users, these Terms, the Privacy Policy, and any additional terms expressly presented for a specific feature constitute the agreement concerning use of the Website and Platform.

For Customer Organizations, the Customer Agreement is also part of the governing agreement and takes precedence as described in Section 1.

24.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be limited or removed only to the minimum extent necessary. The remaining provisions will continue in effect.

24.3 No waiver

A failure by Buoyancy Works to enforce a provision is not a waiver of that provision or the right to enforce it later.

24.4 Assignment

Individual users may not assign or transfer their rights under these Terms.

Buoyancy Works may assign these Terms as part of a merger, corporate reorganization, financing, sale of assets, or similar transaction, subject to applicable law and any Customer Agreement.

24.5 No agency

These Terms do not create an employment, partnership, joint venture, fiduciary, or agency relationship between an individual user and Buoyancy Works.

24.6 Headings

Section headings are provided for convenience and do not affect interpretation.

24.7 Electronic communications

You agree that notices and communications relating to the Website or Platform may be delivered electronically, including through email, account notifications, or Platform notices, where permitted by law.

25. Contact

Questions about these Terms may be directed to:

Buoyancy Works Software Corp.
264 Royal Birch Circle NW
Calgary, Alberta T3G 5H8
Canada

General inquiries: info@buoyancy.works
Privacy inquiries: data_control@buoyancy.works