These Terms of Service (“Terms”) govern access to and use of StakeholderHub (the “Service”). StakeholderHub is a service of Melyn Management Inc., a British Columbia company (“Melyn,” “we,” “us”).
1. Accepting these Terms
By creating an account, accepting an invitation or using the Service, you agree to these Terms on behalf of the organization you represent (the “Customer,” “you”). You confirm that you have authority to bind that organization. If you do not agree, do not use the Service. If the Customer has signed a separate written agreement with Melyn for the Service, that agreement takes precedence where it conflicts with these Terms.
2. The Service
StakeholderHub is software-as-a-service that helps project teams, consultants and organizations plan, track and document their engagement with stakeholders and with Indigenous Nations, organizations and communities, including engagement carried out under Duty to Consult obligations. We improve and change the Service over time. If we remove a feature that is material to a paid plan, we will tell affected Customers in advance.
3. Accounts, Users and security
- The Customer's administrators decide who may use the account (“Users”) and what role each has, and should remove access promptly when it is no longer appropriate.
- Account information must be accurate and kept up to date.
- Every User must set up two-factor sign-in with an authenticator app and enter a code when signing in. If a User loses their device, a Customer administrator, or Melyn on a verified request, can reset their two-factor sign-in.
- Users must keep their sign-in details confidential. The Customer is responsible for activity under its account and must tell us promptly at security@stakeholderhub.ca if it suspects unauthorized access.
4. Free trial, subscriptions and billing
- Free trial. A new organization starts with a 14-day free trial. No credit card is needed. When the trial ends without a paid plan, the account becomes read-only: Users can still view their records, and administrators can export them, but records cannot be added or changed until a plan is chosen.
- Fees. Paid plans are billed in advance, monthly or annually, in Canadian dollars, plus applicable taxes, through our payment processor. Prices are shown on our pricing page or in a quote we have agreed with you.
- Renewal and cancellation. Subscriptions renew automatically for the same term until cancelled. The Customer may cancel at any time through the billing settings in the app or by contacting us; cancellation takes effect at the end of the current billing period.
- Refunds. Fees are non-refundable except where the law requires otherwise or we agree in writing.
- Price changes. We will give at least 30 days' notice of a price change, which applies from the next renewal.
- Late payment. If a payment fails and is not resolved, we may place the account in read-only mode until it is brought up to date.
5. Customer Data
The Customer owns its data. As between the Customer and Melyn, the Customer owns all information it and its Users enter into or upload to the Service (“Customer Data”). The Customer grants Melyn a limited licence to host, copy, process and display Customer Data only as needed to provide, secure and support the Service and as these Terms describe. The Customer's use of the Service and its settings, including which optional features are turned on, are its instructions to us.
We act as the Customer's service provider for Customer Data. We do not sell it, use it for our own marketing, or use it to train AI models. Our Privacy Policy describes how we handle personal information, and our Sub-processors page lists the providers we use.
The Customer's responsibilities. The Customer is responsible for the accuracy of Customer Data and for having the legal authority, notices and consents needed to enter information about the people and communities it works with, including people who are not Users. Where Customer Data includes information held under an agreement with an Indigenous Nation, or under a Nation's own data-governance rules, the Customer is responsible for honouring those terms. We will help, including by deleting, on the Customer's written request, records that the Service does not let Users delete.
Locked records. To keep a trustworthy record of engagement, submitted formal records are locked and corrected by adding a dated correction linked to the original; submitted engagement records cannot be deleted through the Service; and the audit log and export history cannot be edited or deleted by anyone through the Service.
Export. Customer administrators can export Customer Data at any time while the account is open, including while it is read-only.
6. Acceptable use
The Customer and its Users will not:
- use the Service for anything unlawful, or to store information they have no right to hold;
- try to access another Customer's data, or probe, scan or test the security of the Service without our written permission;
- reverse-engineer or copy the Service, except to the extent the law allows despite this restriction;
- upload malicious code, or overload or disrupt the Service;
- share sign-in details or let anyone other than a User access the account; or
- resell the Service or make it available to third parties without our written consent.
If you believe you have found a security vulnerability, please report it to security@stakeholderhub.ca and do not access, change or keep other people's data. We welcome good-faith reports made this way.
7. Optional AI features
The Service includes optional AI features: a data assistant that answers questions about the Customer's own records, and an email drafter. One organization setting controls both. It starts off for new organizations, and an administrator can change it at any time. When a feature is used, the relevant information is sent to our AI provider as described in our Privacy Policy. AI output can be inaccurate or incomplete. Review it before relying on it, especially for anything used in a regulatory or consultation record.
8. Third-party services and integrations
The Service relies on third-party providers, listed on our Sub-processors page. Optional integrations, such as connecting a Microsoft 365 calendar or subscribing to a calendar feed link, are chosen by each User. Information sent to a service the User connects is then held by that service under the User's or Customer's own agreement with it. Some optional features depend on these providers being available.
9. Feedback
If you send us suggestions or feedback, including through the in-app feedback form, we may use them to improve the Service without any obligation to you. We will not publicly name you or your organization in connection with feedback without your permission.
10. Availability and support
We work to keep the Service available and reliable, but we do not offer a service-level guarantee. Maintenance and unplanned outages may occur, and we will try to give notice of planned maintenance that is likely to affect Users. Support is available by email at hello@stakeholderhub.ca.
11. Security and incident notice
We maintain reasonable administrative, technical and physical safeguards for Customer Data, as described on our Security page. If we confirm unauthorized access to, or loss or disclosure of, Customer Data in our systems or our providers' systems, we will notify the Customer's administrators without undue delay with the information we have, keep them updated, and reasonably help the Customer meet its own legal obligations.
12. Confidentiality
Each party will protect the other's non-public information that it receives in connection with the Service with at least reasonable care, and use it only to perform under these Terms. This does not apply to information that is public through no fault of the receiving party, was already known to it, or was independently developed. A party may disclose confidential information where the law requires it, after giving notice where lawful.
13. Intellectual property
Melyn and its licensors own the Service, including its software, design, content and the StakeholderHub name and branding. Subject to these Terms, we grant the Customer a non-exclusive, non-transferable right for its Users to use the Service during its subscription or trial for its internal business purposes. The Customer keeps all rights in Customer Data.
14. Suspension and termination
- The Customer may stop using the Service and cancel at any time (section 4).
- We may suspend access where reasonably necessary to deal with a security threat, a serious breach of these Terms or unpaid fees. We will tell the Customer and, where practical, give it a chance to fix the problem first.
- Either party may end these Terms if the other materially breaches them and does not fix the breach within 30 days of written notice.
- Data after termination. The Customer should export its data before the account closes; we will also help with an export if asked within 30 days after closure. We then delete Customer Data from the live Service within 90 days of closure, except where the law requires us to keep something. Copies in backups are deleted as those backups expire. On request, we will confirm in writing when deletion is complete.
15. Disclaimers
StakeholderHub helps organize and document engagement. It does not provide legal advice, and using it does not by itself ensure compliance with the Duty to Consult, a regulator's requirements or any other legal obligation. Except as expressly stated in these Terms and to the extent the law allows, the Service is provided “as is” and “as available,” and Melyn disclaims all other warranties and conditions, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
16. Limitation of liability
To the extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill; and (b) each party's total liability arising out of or relating to these Terms is limited to the greater of the fees the Customer paid Melyn for the Service in the 12 months before the event giving rise to the claim and one hundred Canadian dollars (CA$100). These limits do not apply to the Customer's payment or indemnity obligations, or to liability that cannot be limited by law.
17. Indemnity
The Customer will defend and indemnify Melyn against third-party claims arising from Customer Data, or from the Customer's or its Users' use of the Service in breach of these Terms or the law. Melyn will promptly notify the Customer of any such claim and allow the Customer to control its defence.
18. Governing law
These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and the parties submit to that jurisdiction.
19. Changes to these Terms
We may update these Terms. We will post the new version here with a new “Last updated” date and, for a material change, email the Customer's administrators at least 30 days before it takes effect. Continuing to use the Service after a change takes effect means the Customer accepts it. If the Customer does not accept a material change, it may cancel before the change takes effect.
20. General
These Terms, together with our Privacy Policy and any order or quote we agree with the Customer, are the whole agreement about the Service. If a provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. Neither party may assign these Terms without the other's consent, except to a successor of its business. Neither party is liable for delays caused by events beyond its reasonable control. Sections that by their nature should survive termination, including sections 5, 12, 13 and 15 to 18, survive.
21. Contact and notices
Questions about these Terms can be sent to hello@stakeholderhub.ca. Legal notices to Melyn should be sent to Melyn Management Inc., 600 - 171 West Esplanade, North Vancouver, BC V7M 3J9, Canada, with a copy by email to hello@stakeholderhub.ca. We send notices to the Customer by email to its administrators.