Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and MigraIQ ("MigraIQ", "we", "us", or "our"), governing your access to and use of migraiq.com and all related services (collectively, the "Platform"). By creating an account or using the Platform, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the Platform.

1. What MigraIQ Is

MigraIQ (Immigration Intelligence) is an information and document preparation tool that helps visa applicants:

• Identify potentially missing documents for their visa application
• Understand general document and evidence requirements for specific visa types
• Assess the relative strength of their current application evidence
• Organise and prepare a document package for submission

MigraIQ provides general information about visa application preparation. It does not represent you before any immigration authority, file applications on your behalf, or provide specific advice tailored to the legal merits of your individual immigration situation. Visa decisions are made solely by the relevant government authority and are influenced by many factors outside our control.

2. Eligibility

You must be at least 18 years old to use MigraIQ. By using the Platform, you represent that:

• You are 18 years of age or older
• You have the legal capacity to enter into these Terms
• All information you provide is accurate and complete to the best of your knowledge
• You are using the Platform for lawful purposes only

Inaccurate information results in inaccurate assessments. We are not responsible for outputs generated on the basis of information you have incorrectly provided.

3. Account Registration and Security

• You must register an account to access most features of the Platform
• You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account
• You may not share, transfer, or sell your account to another person
• Notify us immediately at support@migraiq.com if you suspect unauthorised access to your account
• We reserve the right to require you to reset your password or suspend your account if we suspect a security breach

4. AI-Generated Content

MigraIQ uses artificial intelligence to generate assessments, strength scores, document checklists, and recommendations. You acknowledge and agree that:

• AI-generated content may contain errors, omissions, or inaccuracies
• AI outputs may not reflect the most current immigration policies, requirements, or processing procedures, which change frequently
• AI outputs do not account for all relevant aspects of your individual circumstances
• You must independently verify all requirements against official government sources before submitting any visa application
• MigraIQ's AI does not predict, influence, or have any bearing on the outcome of your visa application

We make reasonable efforts to keep our knowledge base and AI guidance current, but we make no warranty that content is complete, accurate, or up to date. Immigration rules vary by jurisdiction and change frequently.

5. Acceptable Use

You agree not to use the Platform to:

• Submit false, fabricated, or misleading personal information or documents
• Assist any person in preparing a fraudulent immigration application
• Violate any applicable local, provincial, national, or international law or regulation
• Reverse engineer, decompile, disassemble, or otherwise attempt to extract source code from the Platform
• Scrape, index, or systematically extract data from the Platform by automated means without our prior written consent
• Upload malicious files, viruses, malware, or any content designed to harm systems
• Circumvent, disable, or interfere with any security feature of the Platform
• Impersonate any person or entity or misrepresent your affiliation
• Use the Platform in any way that could damage, disable, overburden, or impair our infrastructure

Violation of these provisions may result in immediate account suspension or termination and, where applicable, referral to law enforcement authorities.

6. Paid Plans and Billing

6.1 Available Plans

We offer Free, Essential (one-time purchase), Pro (monthly or annual subscription), and Agency (monthly or annual subscription) plans. Current pricing is published at migraiq.com/pricing.

6.2 Billing

• One-time charges (Essential plan) are collected at the time of purchase
• Monthly subscriptions are charged on the same date each month
• Annual subscriptions are charged as a single payment at the start of each annual period
• All prices are stated exclusive of applicable taxes; taxes will be added where required by law
• We use Stripe to process all payments; your payment details are held by Stripe and are subject to Stripe's terms and privacy policy

6.3 Pre-Contract Disclosure

In accordance with the Ontario Consumer Protection Act, 2002, we will make available to you before you purchase: a clear description of the service, the total amount payable, billing frequency, and cancellation rights. A copy of these Terms constitutes your internet agreement.

6.4 Cancellation

• You may cancel your subscription at any time via your account settings (Settings → Billing → Cancel subscription)
• Cancellation takes effect at the end of your current paid billing period; you retain full access until then
• Cancellation does not automatically delete your account or your data

6.5 Refund Policy

• Essential plan (one-time): Eligible for a full refund within 7 days of purchase, provided no Strength Report has been generated. Once a report has been generated, the purchase is non-refundable
• Pro / Agency monthly: No refunds for the current billing period; cancel to prevent future charges
• Pro / Agency annual: Eligible for a pro-rata refund of the unused portion within 14 days of the start of the annual period. No refunds after 14 days
• All refund requests: support@migraiq.com

Consumer cancellation rights under the Ontario Consumer Protection Act, 2002(s. 40) apply where the applicable pre-contract disclosures were not made. Where those rights apply, you may cancel within 7 days of receiving a copy of these Terms and be entitled to a full refund.

6.6 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days' advance written notice (by email) before any price increase affects your subscription. Continued use of the service after the effective date of a price change constitutes acceptance of the new price. You may cancel at any time before a price change takes effect.

7. Agency Plan

7.1 Team Seats

The Agency plan includes up to 5 team seats. The agency owner may invite colleagues to join their team. Team members inherit Agency plan access while a member of the team.

7.2 White-Label

Agency users may apply their firm's branding to reports and document packs shared with their clients. When using white-label features, you must not:

• Misrepresent white-labeled outputs as products of a different software service
• Use MigraIQ's branding and trade marks in a manner that implies an endorsement not authorised by us
• Use white-labeled materials to imply that you or your firm are providing regulated immigration advice when you are not

7.3 Client Data Responsibility

If you upload personal data belonging to your clients, you are the data controller and MigraIQ is the data processor. You are solely responsible for:

• Obtaining valid consent or another lawful basis to share your clients' data with MigraIQ
• Providing your clients with a privacy notice explaining that their data is processed via MigraIQ
• Ensuring your use of client data complies with all applicable privacy laws, including PIPEDA, GDPR, and any local requirements

8. Communications and Marketing

By creating an account, you consent to receiving transactional emails (such as receipts, security alerts, and service updates) necessary to operate the service. These are not marketing communications and do not require separate consent under Canada's Anti-Spam Legislation (CASL, S.C. 2010, c. 23).

We will only send you commercial electronic messages (marketing, newsletters, or product announcements) where you have given express consent. You may withdraw consent at any time by using the unsubscribe link in any marketing email or by emailing privacy@migraiq.com. We will process all unsubscribe requests within 10 business days, as required by CASL.

9. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Platform, you agree to the collection and use of your information as described in that Policy.

10. Intellectual Property

All content, software, design, trade marks, logos, and other materials comprising MigraIQ are owned by or licensed to MigraIQ and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, or commercially exploit any part of the Platform without our prior written consent.

You retain ownership of all personal data and documents you upload to the Platform. By uploading content, you grant MigraIQ a limited, non-exclusive, royalty-free licence to process and use that content solely for the purpose of providing the service to you. This licence terminates when you delete the relevant content or close your account.

11. Third-Party Services

The Platform integrates with third-party services (Clerk for authentication, Stripe for payments, etc.). Your use of those services is also subject to their own terms of service and privacy policies. We are not responsible for the acts or omissions of third-party service providers.

12. Service Availability

We aim for high availability and take reasonable steps to ensure reliable service. However, we do not guarantee uninterrupted or error-free access to the Platform. We may suspend or discontinue the Platform or any feature for maintenance, security, or operational reasons with or without notice. We are not liable for any interruption or loss of access.

13. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Platform is provided "as is" and "as available" without warranty of any kind. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and title.

We make no warranty that: (a) the Platform will meet your requirements; (b) results obtained from use of the Platform will be accurate or reliable; (c) the Platform will be available at any particular time or location; or (d) any defects will be corrected.

Nothing in these Terms excludes warranties that cannot be excluded under applicable consumer protection law. Where the Ontario Consumer Protection Act, 2002or other mandatory legislation applies, our liability is limited to the minimum extent permitted by that law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, MigraIQ, its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including but not limited to loss of profits, data, goodwill, or other intangible losses — arising out of or relating to your use of, or inability to use, the Platform.

Without limiting the foregoing, we are specifically not liable for:

• Any visa refusal, rejection, delay, or adverse immigration outcome
• Reliance on any AI-generated assessment, score, checklist, or recommendation
• Loss of immigration opportunity resulting from incorrect, incomplete, or outdated information on the Platform
• Unauthorised access to your data by third parties despite our security measures
• Acts or omissions of third-party service providers

Our total aggregate liability to you for any claims arising out of or relating to these Terms or the Platform shall not exceed the greater of: (a) the total amounts you paid us in the 12 months immediately preceding the event giving rise to the claim; or (b) CAD $100.00.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the minimum extent permitted by applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless MigraIQ and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) any data, content, or documents you submit to the Platform; or (e) your violation of any applicable law.

16. Termination

You may delete your account at any time from your account settings, which terminates your agreement with us subject to these Terms surviving where they are expressed to do so.

We may suspend or terminate your account immediately, without prior notice or liability, if we reasonably believe you have: (a) violated these Terms or any applicable law; (b) engaged in fraudulent activity; (c) posed a security risk to the Platform or other users; or (d) failed to pay amounts due.

Upon termination: (i) your right to use the Platform ceases immediately; (ii) prepaid fees are non-refundable except where these Terms or applicable law provides otherwise; (iii) Sections 4, 10, 13, 14, 15, 17, 18, and 19 survive termination.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario, Canada for the resolution of any disputes arising out of or relating to these Terms or the Platform.

If you are a consumer resident in a jurisdiction with mandatory consumer protection laws that provide greater rights than set out above, those mandatory rights are not affected by this clause.

18. Dispute Resolution

Before commencing any formal legal proceedings, you agree to first contact us at legal@migraiq.com to attempt to resolve the dispute informally. We will use reasonable efforts to resolve the issue within 30 days of receiving your written notice describing the dispute in sufficient detail. If the dispute cannot be resolved informally, either party may pursue formal legal proceedings as provided in Section 17.

19. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy, Cookie Policy, and Disclaimer, constitute the entire agreement between you and MigraIQ relating to the Platform and supersede all prior agreements
• Severability: If any provision of these Terms is held to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force
• No waiver: Failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision
• Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction
• Force majeure: We shall not be liable for failures or delays caused by circumstances beyond our reasonable control, including natural disasters, government actions, or third-party infrastructure failures

20. Changes to These Terms

We may update these Terms from time to time to reflect changes in our service, applicable law, or business practices. For material changes, we will provide at least 30 days' advance notice by email. For non-material changes (such as typographical corrections), we will update the "Last updated" date. Continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms.

21. Contact

• General enquiries: support@migraiq.com
• Legal and Terms matters: legal@migraiq.com
• Privacy matters: privacy@migraiq.com