Terms & conditions

Version: 1.0
Effective Date: August 25, 2026

These Terms and Conditions ("Terms") govern your access to and use of PeopleEvo, a software-as-a-service platform provided by NyxDay Inc. ("NyxDay", "PeopleEvo", "we", "us", or "our").

By creating an account, subscribing to PeopleEvo, accessing the platform, or using the Services, you agree to these Terms. If you are using PeopleEvo on behalf of a company or other organization, you represent that you have authority to accept these Terms on its behalf.

If you do not agree to these Terms, you must not access or use PeopleEvo.

1. About PeopleEvo

PeopleEvo is a cloud-based workforce management platform designed to help organizations manage employee leave, absence planning, approvals, leave balances, team availability, and related workforce processes.

Features available to you depend on your subscription plan, configuration, and any features that have been commercially released by PeopleEvo.

PeopleEvo is provided and operated by NyxDay Inc.

2. Accounts and Organizations

2.1 Organization Accounts

PeopleEvo is primarily provided to organizations. An organization using PeopleEvo is referred to in these Terms as a "Customer."

A Customer may authorize administrators and other users to access its PeopleEvo environment. The Customer is responsible for determining who may access its account and what roles and permissions they receive.

2.2 Account Information

You must provide accurate and current information when creating or maintaining an account.

You are responsible for:

• maintaining the confidentiality and security of your login credentials;
• using appropriate security measures for your account;
• promptly notifying us if you suspect unauthorized access;
• ensuring that users accessing PeopleEvo on your behalf are authorized to do so; and
• maintaining accurate account, employee, and organizational information.

You must not share credentials in a manner that circumvents PeopleEvo's account or access controls.

2.3 Administrators

Customer administrators may have authority to manage users, employees, permissions, leave policies, working days, holidays, approval configurations, and other organizational settings.

The Customer is responsible for actions taken by its authorized administrators and for configuring PeopleEvo appropriately for its organization.

3. Subscriptions and Plans

PeopleEvo is offered through paid subscription plans, including PeopleEvo Essential and PeopleEvo Professional.

The features, employee capacity, pricing, billing period, and other subscription details applicable to your purchase are those presented to you when you subscribe or modify your subscription.

PeopleEvo Professional includes additional functionality beyond PeopleEvo Essential. Certain features may therefore become unavailable if you downgrade your subscription.

Unless expressly stated otherwise, purchasing a PeopleEvo subscription grants a limited right to use the Services during the applicable subscription period. It does not transfer ownership of the software or underlying technology.

3.1 Trials and Evaluation Access

PeopleEvo may offer free trials, evaluation access, demonstrations, promotional access, or other limited-access arrangements.

Unless expressly stated otherwise:

• trial or evaluation access is provided for evaluation purposes;
• eligibility may be limited by Customer, organization, domain, account, or other reasonable anti-abuse criteria;
• NyxDay may refuse, limit, or discontinue duplicate or abusive trial registrations;
• trial features, capacity, functionality, or other limits may differ from paid Service entitlements; and
• trial access does not create an entitlement to continued free use of the Service.

NyxDay may modify or discontinue a trial offering prospectively without creating a refund or compensation obligation, subject to applicable law.

4. Employee Capacity

PeopleEvo subscriptions may be priced or limited according to employee capacity.

The employee capacity associated with your subscription determines the number of employees or employee records that your organization may maintain as permitted under the applicable commercial rules.

You are responsible for selecting and maintaining sufficient capacity for your organization.

We may prevent the creation or activation of additional employee records where doing so would exceed the capacity associated with your subscription.

5. Fees, Billing, and Payment

5.1 Subscription Fees

You agree to pay all fees associated with your selected subscription, employee capacity, billing period, and any authorized changes to your subscription.

Applicable prices are displayed before purchase or subscription modification.

5.2 Payment Processing

Payments for PeopleEvo may be processed by a third-party merchant of record or payment provider, such as Paddle.

The payment provider may be responsible for functions including:

• payment processing;
• recurring payment collection;
• payment methods;
• invoices and transaction documentation;
• applicable sales taxes, VAT, GST/HST, or similar transaction taxes; and
• payment and transaction status.

Your use of the payment provider's services may also be subject to its own terms and privacy practices.

5.3 Taxes

Prices may be exclusive of applicable taxes unless otherwise indicated. Taxes may be calculated and collected by our payment provider according to applicable law and the information provided during checkout.

5.4 Automatic Renewal

Where your subscription is recurring, it will automatically renew at the end of each billing period unless it is cancelled in accordance with the available cancellation process before renewal.

The applicable subscription fee will be charged using the payment method associated with your subscription.

5.5 Failed Payments

Continued operational access to PeopleEvo requires successful payment.

If a renewal or other required subscription payment fails, is declined, remains unpaid, or cannot be completed, access to the Services may be restricted.

We may provide limited administrator access where appropriate to allow the Customer to resolve subscription or payment issues. This limited access does not constitute continuation of the normal paid Service.

Normal operational access may resume once the required payment has been successfully completed and the subscription has been restored.

5.6 Changes to Pricing

NyxDay Inc. may change PeopleEvo subscription prices, plan structures, capacity pricing, or other recurring fees from time to time.

Unless otherwise required by applicable law or expressly agreed, pricing changes will apply no earlier than the Customer's next applicable renewal or subscription change after the change becomes effective.

Where a pricing change materially affects an existing recurring subscription, we will provide reasonable advance notice through email, the Service, or another appropriate communication channel.

Renewal of the subscription after the pricing change becomes effective constitutes acceptance of the updated pricing, subject to any rights that cannot legally be restricted.

6. Subscription Changes

6.1 Upgrades

Customers may upgrade from PeopleEvo Essential to PeopleEvo Professional where eligible.

An eligible upgrade may take effect immediately. Existing organizational information, users, employees, historical records, and supported configurations remain associated with the existing Customer environment.

Unless otherwise presented during the subscription-change process, the Customer's existing employee capacity will not be reduced as part of an upgrade.

Additional Professional features and entitlements become available when the upgrade has been successfully completed.

Any applicable prorated charge, credit, tax, or other billing adjustment is calculated by our payment provider or Merchant of Record and will be presented where available as part of the subscription-change process.

6.2 Downgrades

Customers may downgrade from PeopleEvo Professional to PeopleEvo Essential where the Customer's current configuration is compatible with the Essential plan.

PeopleEvo may require the Customer to modify incompatible Professional-only configuration before a downgrade can proceed.

An eligible downgrade may take effect immediately. Unless the Customer separately changes its employee capacity, a plan downgrade does not reduce the Customer's purchased employee capacity.

When the downgrade becomes effective, functionality exclusive to PeopleEvo Professional becomes unavailable. Where technically appropriate, PeopleEvo may deactivate unsupported operational configuration while retaining related historical information. Historical information is not deleted solely because of a plan downgrade.

Any applicable prorated charge, credit, tax, or other billing adjustment is calculated by our payment provider or Merchant of Record.

6.3 Employee Capacity Changes

Customers may increase or decrease purchased employee capacity where eligible under the applicable plan and subscription rules.

Eligible employee-capacity changes may take effect immediately.

A capacity decrease cannot reduce purchased capacity below the applicable plan minimum or below the number of active employees at the time the change is authorized.

PeopleEvo does not automatically deactivate employees to complete a requested capacity decrease.

Any applicable prorated charge, credit, tax, or other billing adjustment is calculated by our payment provider or Merchant of Record.

6.4 Billing Frequency Changes

Customers may change between supported monthly and annual billing frequencies where eligible.

An eligible billing-frequency change may take effect immediately. The Customer's subscription plan and purchased employee capacity remain unchanged unless separately modified.

A billing-frequency change may change the Customer's billing period, renewal date, charges, credits, taxes, or other billing amounts.

Applicable billing periods, billing dates, charges, credits, taxes, and adjustments are determined by our payment provider or Merchant of Record and are not independently calculated by PeopleEvo.

6.5 Billing Adjustments and Account Credits

An immediate subscription modification may result in an additional amount due, an account credit, or no immediate external payment, depending on the adjustment calculated by our payment provider or Merchant of Record.

An account credit is a billing adjustment and is not the same as a cash refund to the Customer's original payment method.

Account credits may be applied by the payment provider toward eligible future charges in accordance with its applicable terms, policies, and procedures.

The existence of an account credit does not by itself create an entitlement to receive the corresponding amount as a cash refund, except where required by applicable law or expressly approved through the applicable refund process.

The administration, application, and treatment of billing credits are subject to the applicable payment provider's terms, policies, procedures, and applicable law.

6.6 Cancellation

You may cancel a recurring subscription using the cancellation options made available through PeopleEvo or its payment provider.

Unless otherwise stated during cancellation, cancellation prevents future renewal and does not necessarily result in immediate deletion of your PeopleEvo environment or data.

Cancellation does not itself convert an existing account credit into a cash refund.

Any applicable refund rights are governed by Section 7, the PeopleEvo Refund Policy, and applicable law.

7. Refunds

Except where required by applicable law or expressly stated by PeopleEvo at the time of purchase, subscription fees that have already been charged are non-refundable.

Cancellation of a subscription does not automatically create an entitlement to a refund for an unused portion of a billing period.

A refund is not ordinarily provided solely because:

• the Customer no longer requires the Service;
• the Customer did not use some or all of the Service;
• an authorized Customer user made an unintended configuration change;
• the Customer selected a plan, capacity, or feature entitlement that does not meet its requirements;
• the Customer's systems, network, browser, device, security configuration, or other technology prevents or impairs use of PeopleEvo;
• an optional third-party integration becomes unavailable or is changed by its provider; or
• the Customer failed to complete cancellation before a scheduled renewal.

Billing errors, duplicate or incorrect charges, exceptional refund requests, and approved refunds will be handled in accordance with the applicable PeopleEvo Refund Policy.

Nothing in these Terms limits any mandatory refund, cancellation, or other rights that cannot legally be excluded or restricted.

8. Suspension, Expiry, and Data Recovery

8.1 Restricted Access

We may restrict or suspend access to PeopleEvo where:

• a required payment has not been successfully completed;
• the subscription has expired or otherwise become inactive;
• use of the Services materially violates these Terms;
• continued access creates a material security or operational risk;
• use of the Services is unlawful; or
• suspension is reasonably necessary to protect PeopleEvo, its infrastructure, Customers, or users.

Where reasonable and legally permitted, we will seek to provide notice or an opportunity to resolve the issue.

8.2 Subscription Expiry

Expiration or termination of a subscription does not necessarily cause immediate deletion of the Customer's data.

Following subscription expiry, PeopleEvo may retain the Customer environment for a standard recovery period of up to 90 days.

During this period, normal operational access may be unavailable or restricted.

8.3 Customer Data Export

During an active subscription and during the applicable recovery period following subscription expiry, an authorized Customer administrator may contact PeopleEvo support to request a support-assisted export of reasonably available Customer Data.

PeopleEvo will provide such exports using the formats and export capabilities reasonably supported by the Service at the time of the request.

Export availability may vary depending on the type of information and may not include:

• internal security information;
• fraud-prevention information;
• platform diagnostics;
• proprietary system information;
• system-generated operational data;
• information that cannot reasonably be separated from information relating to other Customers; or
• information that NyxDay is legally prohibited from providing.

PeopleEvo may verify the identity and authority of the requesting administrator before providing an export.

Custom migration, transformation, extraction, or specially formatted export services are not included unless separately agreed.

The Customer is responsible for requesting and obtaining any Customer Data it wishes or is legally required to retain before the applicable deletion period expires.

Once Customer Data has been permanently deleted in accordance with these Terms, NyxDay has no obligation to reconstruct, recreate, or recover that Customer Data.

8.4 Recovery

Where available, a Customer may restore an eligible subscription during the recovery period and regain access to retained information, subject to successful payment and the applicable subscription requirements.

The recovery period is provided as an account-recovery convenience and should not be relied upon as a Customer-controlled archival or backup service.

8.5 Deletion After the Recovery Period

Following subscription expiry or termination, PeopleEvo may retain the Customer environment and associated Customer Data for a recovery period of up to 90 days.

During this recovery period, an authorized Customer administrator may request permanent deletion of the Customer environment and associated Customer Data before the recovery period expires.

Once an early deletion request has been verified and processed, restoration of the deleted Customer environment may no longer be possible.

If no earlier deletion request is received, Customer Data becomes eligible for permanent deletion after the recovery period expires.

Deletion is subject to information that NyxDay is required or permitted to retain for legal, regulatory, tax, fraud-prevention, security, dispute-resolution, or similar legitimate purposes.

Information contained in backups may remain until those backups expire or are overwritten in accordance with NyxDay's normal backup lifecycle and will not ordinarily be restored except for disaster recovery or continuity purposes.

9. Customer Data

9.1 Ownership

As between PeopleEvo and the Customer, the Customer retains its rights in the information submitted to PeopleEvo by or on behalf of the Customer ("Customer Data").

These Terms do not transfer ownership of Customer Data to PeopleEvo.

9.2 Permission to Process Customer Data

The Customer grants PeopleEvo the limited rights necessary to host, process, transmit, back up, display, and otherwise handle Customer Data for the purpose of:

• providing the Services;
• maintaining and securing the platform;
• providing support;
• preventing misuse;
• complying with applicable law; and
• fulfilling our contractual obligations.

9.3 Customer Responsibility for Data

The Customer is responsible for determining whether it has the appropriate authority and lawful basis to enter, upload, store, or otherwise process personal information through PeopleEvo.

The Customer and its authorized users are responsible for ensuring that information, files, images, profile photographs, and other content submitted to PeopleEvo are lawful, appropriate for their intended use, and submitted with any rights, permissions, consents, or authority required by applicable law. NyxDay may remove or restrict access to content where reasonably necessary to address suspected misuse, security concerns, legal requirements, or violations of these Terms.

The Customer is also responsible for the accuracy and appropriateness of its organizational policies, employee information, leave configurations, approval structures, holidays, working days, and other data entered into the platform.

The Customer must not use PeopleEvo to store or process information in a manner that requires specialized regulatory, hosting, certification, security, or contractual requirements beyond those expressly provided by the applicable PeopleEvo Service unless NyxDay has expressly agreed to those requirements in writing.

10. Privacy and Personal Information

Our collection and handling of personal information is described in the PeopleEvo Privacy Policy.

Customers using PeopleEvo to manage information about their employees or other personnel are responsible for complying with privacy, employment, workplace, and data-protection obligations applicable to their organization.

Where the Customer determines the purposes and means of processing employee or workforce information, the Customer remains responsible for those decisions.

Where PeopleEvo Processes Personal Information contained in Customer Data on behalf of a Customer, the then-current PeopleEvo Data Processing Addendum ("DPA"), made available by PeopleEvo, is incorporated into and forms part of the agreement between NyxDay Inc. and the Customer with respect to such Processing.

The Customer's acceptance of these Terms constitutes acceptance of the applicable DPA. A separate signature is not required unless NyxDay Inc. and the Customer expressly agree otherwise.

If there is a conflict between these Terms and the DPA regarding the Processing or protection of Personal Information contained in Customer Data, the DPA will control only with respect to that Processing or protection.

Information regarding PeopleEvo's current material Subprocessors and international Processing locations is available through the PeopleEvo Subprocessors and International Processing page.

11. Acceptable Use

You must not use PeopleEvo to:

• violate applicable law or the rights of another person;
• access information or accounts without authorization;
• attempt to bypass authentication, authorization, subscription, or capacity controls;
• introduce malware or malicious code;
• interfere with or disrupt the operation or security of the Services;
• probe, scan, or test platform vulnerabilities without written authorization;
• reverse engineer the Services except where such restriction is prohibited by law;
• use automated methods to access the Services in a manner that materially harms or overloads the platform;
• resell or commercially exploit the Services except where expressly authorized by PeopleEvo; or
• use PeopleEvo for fraudulent, abusive, or unlawful purposes.

We may take reasonable measures to prevent or respond to prohibited use.

12. Third-Party Services and Integrations

PeopleEvo may interact with third-party services, infrastructure providers, authentication systems, email providers, payment processors, calendar providers, or other external platforms.

Certain integrations, including supported Google or Microsoft calendar functionality, may only be available under particular subscription plans, including PeopleEvo Professional, and only when such functionality has been operationally approved and commercially released.

Third-party services are operated independently from PeopleEvo. Their availability, functionality, security practices, policies, and terms may be outside our control.

We do not guarantee uninterrupted operation or continued availability of functionality that depends on a third-party provider.

Your use of third-party services may be subject to separate agreements between you and those providers.

Where a third-party provider changes, limits, suspends, discontinues, or materially modifies its service, API, authorization requirements, commercial terms, or technical functionality, NyxDay may modify, limit, suspend, replace, or discontinue the affected PeopleEvo integration or functionality as reasonably necessary.

13. Service Changes

We may update PeopleEvo from time to time to:

• introduce new functionality;
• improve existing functionality;
• address security or reliability concerns;
• correct errors;
• comply with legal requirements;
• modify or discontinue functionality; or
• improve platform performance and usability.

We may also change which features are included within particular subscription plans.

Where a change would materially reduce the core functionality of a paid subscription during an active billing period, we will seek to provide reasonable notice where practicable.

Features described as beta, preview, early access, experimental, planned, or otherwise not generally released may be modified or discontinued without the same commitments applicable to commercially released functionality.

14. Availability and Support

We aim to operate PeopleEvo reliably but do not guarantee that the Services will always be uninterrupted, error-free, or available.

Temporary interruptions may occur because of maintenance, updates, infrastructure failures, third-party service failures, security events, circumstances outside our reasonable control, or other operational requirements.

Paid PeopleEvo subscriptions include best-effort support.

PeopleEvo Professional may receive priority support handling relative to PeopleEvo Essential.

Unless expressly agreed separately in writing, PeopleEvo does not provide:

• a guaranteed response or resolution time;
• a service-level agreement (SLA);
• 24×7 support;
• a dedicated account manager; or
• a dedicated support channel.

15. Workforce Decisions and Legal Compliance

PeopleEvo provides software tools to assist Customers with workforce administration.

PeopleEvo does not make employment decisions on behalf of Customers and does not determine whether leave should be approved, rejected, modified, or otherwise handled.

Calculations, balances, coverage information, alerts, approval workflows, and other information generated by the platform are provided to assist the Customer's authorized users.

The Customer remains responsible for:

• establishing its leave and workplace policies;
• reviewing and approving workforce decisions;
• ensuring platform configuration reflects its policies;
• verifying information where necessary; and
• complying with applicable employment, labour, privacy, recordkeeping, and other legal obligations.

PeopleEvo does not provide legal, employment, tax, payroll, medical, healthcare, or human resources advice.

16. Intellectual Property

PeopleEvo, including its software, source code, architecture, interfaces, designs, branding, trademarks, documentation, and other proprietary materials, is owned by or licensed to NyxDay Inc. and is protected by applicable intellectual property laws.

Except for the limited right to use the Services under these Terms, no rights in PeopleEvo or its intellectual property are transferred to you.

Feedback, ideas, or suggestions you voluntarily provide regarding PeopleEvo may be used by us to improve the Services without restriction or compensation, provided that doing so does not grant us ownership of your Customer Data.

17. Confidentiality and Security

17.1 Confidential Information

"Confidential Information" means non-public information disclosed by one party to the other in connection with PeopleEvo that a reasonable person would understand to be confidential given the nature of the information or the circumstances of disclosure.

Customer Data is considered Confidential Information of the Customer.

Confidential Information does not include information that the receiving party can demonstrate:

• is or becomes publicly available without breach of an obligation of confidentiality;
• was lawfully known to the receiving party without restriction before disclosure;
• is lawfully received from a third party without an obligation of confidentiality; or
• is independently developed without use of the other party's Confidential Information.

17.2 Confidentiality Obligations

Each party will use the other party's Confidential Information only as necessary to exercise its rights or perform its obligations in connection with PeopleEvo and will take reasonable measures to protect it against unauthorized use or disclosure.

A party may disclose Confidential Information to its employees, contractors, professional advisers, and service providers who reasonably require access and who are subject to appropriate confidentiality obligations.

A party may also disclose Confidential Information where required by applicable law or a valid legal process.

17.3 Security

NyxDay maintains reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, alteration, disclosure, or loss.

No internet-based service or electronic storage system can be guaranteed to be completely secure.

Customers are responsible for maintaining appropriate internal access controls, protecting account credentials, assigning appropriate user permissions, and promptly disabling access when a user should no longer have access to their PeopleEvo environment.

18. Disclaimers

To the maximum extent permitted by applicable law, PeopleEvo is provided on an "as is" and "as available" basis.

We disclaim warranties that are not expressly provided in these Terms, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation, to the extent such warranties may lawfully be excluded.

We do not warrant that:

• every calculation or configuration will be appropriate for every Customer's policies;
• the Services will operate without interruption or errors;
• third-party integrations will always remain available; or
• PeopleEvo will satisfy every legal or regulatory requirement applicable to a Customer.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

19. Limitation of Liability

To the maximum extent permitted by applicable law, NyxDay Inc. and its directors, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, anticipated savings, or loss arising from interruption of business, arising from or related to the Services.

To the maximum extent permitted by applicable law, the aggregate liability of NyxDay Inc. arising out of or relating to PeopleEvo or these Terms will not exceed the fees paid or payable by the Customer for PeopleEvo during the 12 months immediately preceding the event giving rise to the claim.

The foregoing aggregate limitation applies collectively to all claims arising out of or relating to the Service, these Terms, the DPA, and any other policy or agreement incorporated into these Terms and does not create a separate liability cap for each document, claim, incident, Customer user, or legal theory.

Multiple claims arising from the same or related facts, circumstances, events, or failures will be treated as a single claim for purposes of the aggregate limitation.

These exclusions and limitations apply regardless of the legal theory on which a claim is based, including contract, tort, negligence, statute, or otherwise, but do not apply where liability cannot legally be excluded or limited.

Nothing in these Terms or the DPA creates a separate or additional aggregate liability cap unless NyxDay expressly agrees otherwise in writing.

20. Indemnification

To the extent permitted by applicable law, the Customer agrees to indemnify and hold harmless NyxDay Inc. and its directors, officers, employees, contractors, and affiliates from third-party claims, damages, liabilities, and reasonable costs arising from:

• Customer Data supplied by or on behalf of the Customer;
• the Customer's unlawful use of PeopleEvo;
• the Customer's violation of these Terms;
• the Customer's violation of applicable law or third-party rights; or
• employment or workforce decisions made by the Customer using information or functionality provided through PeopleEvo.

NyxDay will provide reasonable notice of an indemnified third-party claim where practicable.

The Customer may control the defence and settlement of the claim with counsel reasonably acceptable to NyxDay, provided that the Customer may not settle a claim in a manner that admits wrongdoing by NyxDay, imposes obligations on NyxDay, requires payment by NyxDay, or restricts NyxDay's business or Services without NyxDay's prior written consent.

NyxDay will provide reasonable cooperation in connection with the defence at the Customer's expense and may participate in the defence using its own counsel at its own expense.

21. Termination

You may stop using PeopleEvo at any time and may cancel your subscription in accordance with the available subscription management process.

We may terminate or suspend access where permitted under these Terms, including for material breach, unlawful activity, security risks, or non-payment.

Termination does not eliminate payment obligations incurred before termination.

Provisions that by their nature should continue after termination—including intellectual property, liability limitations, confidentiality, payment obligations, Customer Data provisions, indemnification, and dispute-related provisions—will survive termination.

22. Commercial Exceptions

Promotional pricing, discounts, custom capacity arrangements, migration arrangements, or other commercial exceptions are valid only when authorized by PeopleEvo.

A discount or other pricing exception does not change the underlying subscription plan or its feature entitlements unless expressly stated.

For example, a discounted PeopleEvo Professional subscription remains a Professional subscription unless otherwise expressly agreed.

No course of dealing, prior discount, temporary accommodation, promotional arrangement, or failure to enforce a commercial requirement creates an ongoing entitlement to the same treatment.

23. Changes to These Terms

We may update these Terms periodically to reflect changes to PeopleEvo, our commercial model, legal requirements, or business practices.

When we make material changes, we will take reasonable steps to notify Customers, such as updating the effective date, displaying a notice through the Services, providing notice by email, or using another appropriate communication method.

Continued use of PeopleEvo after updated Terms become effective constitutes acceptance of the revised Terms where permitted by applicable law.

If applicable law requires additional consent to a change, we will seek that consent.

24. Force Majeure

Neither NyxDay Inc. nor PeopleEvo will be liable for any delay, interruption, failure, or inability to perform an obligation to the extent caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour disputes, governmental actions, Internet or telecommunications failures, utility failures, cyberattacks not reasonably preventable through appropriate safeguards, or failures or interruptions of third-party infrastructure or service providers.

Where reasonably practicable, NyxDay will take reasonable steps to mitigate the effects of such circumstances on the PeopleEvo Service.

This section does not excuse payment obligations for Services already provided and does not limit obligations that cannot lawfully be excluded.

25. Governing Law

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

Subject to any rights or remedies that cannot legally be restricted, disputes arising from or relating to these Terms or PeopleEvo will be subject to the jurisdiction of the courts located in Nova Scotia, Canada.

26. General Terms

26.1 Electronic Notices

Unless applicable law requires another method, notices and communications relating to PeopleEvo may be provided electronically, including:

• by email to the address associated with the Customer account;
• through an in-Service notification;
• through the PeopleEvo website; or
• through another reasonable electronic method.

The Customer is responsible for maintaining current contact information for its account and for monitoring communications sent to the applicable account contact information.

26.2 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may assign these Terms, in whole or in part, as part of a corporate reorganization, merger, acquisition, financing, sale of assets, transfer of the PeopleEvo business, or similar business transaction.

26.3 Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible, and the remaining provisions will remain in effect.

26.4 No Waiver

Our failure or delay in exercising or enforcing a right or provision under these Terms does not waive our right to exercise or enforce it later.

26.5 No Third-Party Beneficiaries

Except where expressly stated otherwise or required by applicable law, these Terms do not create rights enforceable by any person or entity that is not a party to the agreement between NyxDay and the Customer.

26.6 Entire Agreement

These Terms, together with the DPA and any policies, order information, subscription information, or agreements expressly incorporated into them, constitute the agreement governing the Customer's use of PeopleEvo.

If a separately signed agreement between NyxDay Inc. and a Customer expressly conflicts with these Terms, the separately signed agreement will control to the extent of that conflict.

27. Contact Us

If you have questions about these Terms or PeopleEvo, you can contact us through the contact information provided on the PeopleEvo website.

PeopleEvo
A product of NyxDay Inc.
Nova Scotia, Canada

For general inquiries: contact@peopleevo.com
For privacy-related inquiries: privacy@peopleevo.com