Service Agreement

Master Service Agreement

Last Updated: May 2026

This Master Service Agreement (“Agreement”) is entered into between NYN DESIGNS INC. (“NYN”, “we”, “us”, or “our”) and any individual, organization, entity, customer, user, or client (“Customer”, “you”, or “your”) accessing or using NYN websites, platforms, applications, products, systems, infrastructure, hosting, software, or services.

By accessing or using NYN services, you agree to be bound by this Agreement.

1. Scope of Services

This Agreement applies to:

• NYN-hosted websites and applications
• webOS, Real Estate Solution and related platforms
• hosting and infrastructure services
• cloud and managed services
• APIs and integrations
• AI-powered services and tools
• customer portals and dashboards
• support and maintenance services
• managed deployment and orchestration systems
• communication and messaging systems
• related software, systems, products, and services provided by NYN

Certain services may also be governed by:

• Statements of Work (“SOW”)
• custom agreements
• enterprise agreements
• project contracts
• service schedules
• platform-specific terms
• acceptable use policies
• support or SLA agreements

Where separately negotiated agreements expressly conflict with this Agreement, the separately negotiated agreement shall govern for the applicable services.

2. Service Availability

NYN makes commercially reasonable efforts to maintain service availability, reliability, continuity, performance, and operational integrity.

Unless explicitly agreed in writing:

• services are provided on an “as available” and “as is” basis,
• specific uptime guarantees, service levels, response times, recovery objectives, or continuity guarantees are not provided,
• uninterrupted or error-free operation is not guaranteed,
• service availability may vary depending on infrastructure, configuration, integrations, third-party systems, and operational conditions.

Services may be affected by:

• scheduled maintenance,
• emergency maintenance,
• third-party provider failures,
• internet outages,
• cloud infrastructure failures,
• denial of service attacks,
• software defects,
• security incidents,
• configuration issues,
• force majeure events,
• or circumstances beyond NYN’s reasonable control.

Certain enhanced availability, continuity, mitigation, monitoring, redundancy, performance, security, infrastructure, or enterprise services may be available under separate agreements, service plans, enterprise arrangements, or third-party provider offerings.

3. Backups & Disaster Recovery

NYN may perform backups, snapshots, replication, archival storage, redundancy, retention, or disaster recovery operations as part of certain services.

Unless explicitly agreed in writing:

• backups are provided as a value-added operational service,
• backup availability or retention is not guaranteed,
• restoration success is not guaranteed,
• restoration timelines are not guaranteed,
• recovery objectives are not guaranteed,
• and uninterrupted recoverability is not guaranteed.

Customers are solely responsible for maintaining independent copies of critical data unless otherwise explicitly agreed in writing.

Enhanced backup, archival, replication, redundancy, disaster recovery, retention, recovery objectives, continuity, or restoration services may be available under separate agreements or service plans.

4. Customer Responsibilities

Customers are solely responsible for:

• content, data, files, submissions, and materials submitted or published through NYN systems,
• compliance with applicable laws and regulations,
• maintaining account and credential security,
• configuring permissions and publication settings appropriately,
• obtaining necessary rights, permissions, licenses, and consents,
• ensuring lawful use of services,
• maintaining independent backups where appropriate,
• and ensuring that submitted information is appropriate for the intended systems and services.

Customers shall not:

• use services for unlawful purposes,
• distribute malicious software,
• engage in spam, phishing, fraud, abuse, or unauthorized access,
• infringe intellectual property rights,
• interfere with service operation or security,
• attempt unauthorized system access,
• use services for illegal surveillance or malicious activity,
• or use services in violation of applicable laws or regulations.

4A. Customer Modifications & Configuration Changes

Customers are solely responsible for modifications, updates, configurations, scripts, code, content, settings, integrations, deployments, or administrative changes made by:

• the customer,
• customer users,
• customer administrators,
• third-party vendors,
• contractors,
• or authorized representatives.

NYN is not responsible for:

• service interruptions,
• broken functionality,
• rendering issues,
• degraded performance,
• data corruption,
• configuration conflicts,
• publication errors,
• deployment failures,
• security vulnerabilities,
• or operational issues resulting from customer-controlled changes or third-party modifications.

This includes, without limitation:

• HTML, CSS, JavaScript, or content changes,
• DNS modifications,
• domain configuration changes,
• SSL/TLS configuration issues,
• third-party integrations,
• customer-installed scripts,
• expired external services,
• unsupported plugins,
• external API failures,
• or customer-controlled infrastructure changes.

Recovery, restoration, troubleshooting, rollback, repair, or remediation services may be provided at NYN’s discretion and may be subject to additional fees.

5. Public Content & Publication Responsibility

Certain NYN services allow customers and users to publish, distribute, transmit, expose, or otherwise make content publicly accessible.

Customers are solely responsible for:

• publication settings,
• visibility controls,
• permission configuration,
• access restrictions,
• user permissions,
• privacy settings,
• and determining whether information should be publicly accessible.

Publicly accessible or improperly configured content may be:

• indexed by search engines,
• cached,
• archived,
• copied,
• redistributed,
• or accessed by third parties beyond NYN’s control.

NYN is not responsible for customer-controlled publication decisions, visibility configurations, access settings, or public exposure of content.

6. Intellectual Property

6.1 NYN Intellectual Property

NYN retains all rights, title, and interest in and to:

• webOS,
• Real Estate Solution,
• proprietary software,
• source code,
• frameworks,
• backend systems,
• orchestration systems,
• deployment systems,
• APIs,
• infrastructure,
• automation systems,
• AI systems,
• development tools,
• operational systems,
• platform architecture,
• and all related technology, modifications, enhancements, and derivative works.

Nothing in this Agreement transfers ownership of NYN proprietary systems or technology.

6.2 Customer Content

Customers retain ownership of:

• customer-provided content,
• uploaded files,
• branding,
• trademarks,
• customer data,
• customer-created materials,
• and publicly rendered/generated website output created through use of NYN services.

Customers grant NYN a limited operational license to host, process, transmit, cache, copy, backup, analyze, deploy, render, and otherwise utilize such content solely for purposes of providing, operating, securing, maintaining, supporting, improving, or restoring the services.

6.3 Third-Party Components

Services may incorporate third-party software, frameworks, libraries, assets, APIs, or components licensed to NYN or its providers.

Such components remain subject to their applicable third-party licenses and ownership rights.

Unless otherwise explicitly agreed in writing, customers receive only the operational usage rights necessary for use of the services during the applicable service term.

6.4 Exported or Copied Websites

Customers may copy or export publicly rendered website output for independent use.

However:

• underlying proprietary systems,
• backend logic,
• source systems,
• orchestration systems,
• platform code,
• automation systems,
• and operational infrastructure

remain the exclusive property of NYN unless otherwise explicitly agreed in writing.

6.5 Marketing & Attribution

Unless otherwise explicitly agreed in writing, NYN may:

• identify Customer as a customer or user of NYN services,
• include Customer name, logo, branding, screenshots, rendered website output, or general project descriptions in portfolios, case studies, presentations, proposals, demonstrations, marketing materials, advertisements, websites, social media, or related promotional materials,
• and include reasonable attribution, branding, or development credit within websites, applications, or services developed, hosted, operated, or deployed by NYN.

Customers may request removal of public attribution or marketing references by providing written notice to NYN.

NYN will make commercially reasonable efforts to honor such requests within a reasonable timeframe, subject to technical, operational, archival, contractual, or historical limitations.

Nothing in this section grants NYN ownership of Customer trademarks, branding, or proprietary materials.

Separate agreements, enterprise contracts, confidentiality obligations, non-disclosure agreements, government agreements, or custom project terms may supersede this section where expressly stated.

7. AI & Automated Services

Certain NYN services may utilize:

• artificial intelligence,
• machine learning,
• automation systems,
• large language models,
• or third-party AI providers.

AI-generated outputs may contain:

• inaccuracies,
• incomplete information,
• unintended results,
• hallucinations,
• or non-unique content.

Customers are solely responsible for reviewing, validating, and approving AI-generated outputs before relying upon them.

Customers shall not submit:

• highly confidential information,
• regulated data,
• protected health information,
• classified information,
• sensitive government information,
• or similarly restricted information

to AI-powered systems unless explicitly authorized by NYN in writing.

NYN may utilize trusted third-party AI providers or infrastructure as part of delivering AI-related services.

8. Support & Administrative Access

NYN may access systems, environments, content, logs, databases, applications, accounts, or operational records where reasonably necessary for:

• support,
• troubleshooting,
• debugging,
• deployment,
• recovery,
• maintenance,
• security,
• abuse prevention,
• migration,
• auditing,
• or operational administration.

Access is subject to internal authorization controls, operational restrictions, and role-based permissions.

Customers authorize NYN to perform reasonable administrative and technical actions necessary to provide the services.

9. Payments & Billing

Customers agree to pay all applicable fees, invoices, subscriptions, recurring charges, usage charges, taxes, and related costs associated with the services.

Services may include:

• monthly billing,
• annual billing,
• fixed-term agreements,
• recurring subscriptions,
• project-based billing,
• or custom payment arrangements.

Unless otherwise agreed:

• fees are non-refundable,
• unpaid balances may result in suspension or restriction of services,
• NYN may charge interest or collection costs on overdue balances where permitted by law.

NYN may suspend or terminate services for non-payment following reasonable attempts to resolve outstanding balances.

9A. Security Measures

NYN implements commercially reasonable operational, administrative, technical, and infrastructure security measures intended to support platform integrity, reliability, operational continuity, and service security.

Security measures may include:

• logging,
• monitoring,
• authentication systems,
• access controls,
• filtering,
• abuse prevention,
• spam prevention,
• network protections,
• mitigation systems,
• backups,
• redundancy,
• recovery systems,
• and related operational safeguards.

However, no system, platform, software, infrastructure, network, mitigation system, or security measure can guarantee absolute security, uninterrupted availability, or complete protection against all threats or vulnerabilities.

Certain enhanced security, compliance, monitoring, mitigation, continuity, infrastructure, or enterprise services may be available under separate agreements, enterprise arrangements, or third-party provider services.

10. Suspension & Termination

NYN may suspend, restrict, or terminate services where:

• invoices remain unpaid,
• services are used unlawfully,
• abuse or security risks are detected,
• customers violate this Agreement,
• operational or legal risks exist,
• or continued operation becomes impractical.

Customers may terminate services according to their applicable service terms or agreements.

Upon termination:

• customers remain responsible for outstanding balances,
• customer access may eventually be disabled,
• certain operational records, backups, deployment records, metadata, logs, and archived copies may remain retained,
• NYN may retain archival copies for operational, legal, auditing, recovery, abuse prevention, or dispute resolution purposes,
• NYN is not obligated to indefinitely preserve customer data following termination.

Customers are responsible for exporting or retrieving desired data prior to final service removal.

11. High-Risk & Regulated Usage

Unless explicitly agreed in writing, NYN services are not intended for:

• life-critical systems,
• medical or healthcare systems,
• HIPAA-regulated environments,
• financial clearing systems,
• weapons systems,
• critical infrastructure,
• emergency response systems,
• classified environments,
• or highly regulated operations requiring specialized compliance obligations.

Customers are solely responsible for determining whether services are appropriate for their intended use cases, operational requirements, regulatory obligations, security requirements, continuity requirements, retention requirements, recovery objectives, compliance obligations, or risk profiles.

Certain enhanced security, compliance, continuity, infrastructure, monitoring, backup, mitigation, recovery, retention, auditing, enterprise, or managed service offerings may be available under separate agreements, enterprise arrangements, service plans, or third-party provider services.

12. Third-Party Services & Infrastructure

NYN services may depend upon third-party providers including:

• cloud infrastructure,
• DNS providers,
• hosting providers,
• registrars,
• payment processors,
• analytics systems,
• communications providers,
• AI providers,
• CDN providers,
• security providers,
• and internet infrastructure operators.

NYN is not responsible for failures, outages, interruptions, delays, or issues caused by third-party providers or systems beyond NYN’s reasonable control.

12A. Third-Party Components, Scripts & Integrations

Customer environments, websites, applications, or services may incorporate third-party:

• scripts,
• frameworks,
• plugins,
• APIs,
• libraries,
• integrations,
• embeds,
• widgets,
• services,
• content delivery systems,
• analytics tools,
• advertising systems,
• tracking systems,
• or external resources.

NYN is not responsible for:

• failures,
• outages,
• degraded performance,
• security vulnerabilities,
• compatibility issues,
• licensing disputes,
• expired subscriptions,
• disabled services,
• abandoned software,
• malicious code,
• unsupported integrations,
• or operational issues caused by third-party components or providers.

Customers are solely responsible for:

• maintaining valid third-party licenses,
• managing third-party subscriptions,
• ensuring compatibility,
• monitoring vendor availability,
• and evaluating the security, legality, reliability, and suitability of third-party components.

NYN does not obtain, transfer, sublicense, or extend ownership rights for third-party products except as explicitly agreed in writing.

12B. Domain, DNS & Forwarding Services

NYN may provide:

• domain registration,
• domain renewal,
• DNS management,
• forwarding,
• redirects,
• SSL configuration,
• nameserver management,
• or related domain and routing services.

Unless explicitly agreed in writing:

• domain propagation times are not guaranteed,
• DNS changes may require varying propagation periods,
• forwarding or routing behavior may vary between providers and networks,
• uninterrupted domain availability is not guaranteed,
• and NYN is not responsible for delays, outages, propagation behavior, registry actions, registrar actions, caching behavior, or third-party DNS issues beyond NYN’s reasonable control.

Customers are responsible for:

• maintaining accurate registration information,
• approving requested changes,
• renewing domains where applicable,
• and ensuring externally managed DNS or registrar settings are properly configured.

NYN is not responsible for outages, interruptions, or operational issues caused by customer-managed or third-party-managed DNS, registrar, forwarding, or domain configuration changes.

13. Limitation of Liability

To the maximum extent permitted by law:

NYN shall not be liable for:

• indirect damages,
• consequential damages,
• lost profits,
• lost revenue,
• lost data,
• business interruption,
• reputational harm,
• loss of opportunity,
• service interruptions,
• security incidents,
• unauthorized access,
• data corruption,
• or third-party actions.

NYN’s total aggregate liability arising from or relating to the services shall not exceed the total fees paid by the customer to NYN for the affected services during the twelve (12) months preceding the event giving rise to the claim.

These limitations apply regardless of the form of action or theory of liability.

14. Indemnification

Customers agree to indemnify and hold harmless NYN, its officers, employees, contractors, affiliates, and providers from claims, damages, liabilities, costs, or expenses arising from:

• customer content,
• customer misuse of services,
• customer legal violations,
• intellectual property disputes,
• customer publication decisions,
• customer data handling,
• AI usage,
• or customer-controlled configurations and permissions.

15. Privacy

Use of NYN services is also governed by the NYN Privacy Policy available at:

https://www.nynweb.com/privacy-policy

The Privacy Policy is incorporated into this Agreement by reference.

16. Modifications

NYN may modify this Agreement at any time by posting an updated version to this page.

Continued use of NYN services following publication of updated terms constitutes acceptance of the revised Agreement.

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

18. Contact Information

Questions regarding this Agreement may be directed to:

NYN DESIGNS INC.
https://www.nynweb.com