Terms of Service

Effective Date: February 1, 2026
Last Updated: February 1, 2026

These Terms of Service ("Terms") govern your access to and use of the Odysseus container orchestration platform and related services ("Service") provided by Delta Telematics Canada Inc. ("Delta Telematics," "we," "us," or "our").

By creating an account or using Odysseus, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1. Account Terms

1.1 Account Registration

To use Odysseus, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

1.2 Account Requirements

• You must be at least 16 years old to use the Service.
• You must provide a valid email address.
• Each account must be used by a single individual. A single account shared by multiple people is not permitted. Organizations may create separate accounts for each user.
• You are responsible for notifying us immediately at support@delta-telematics.ca if you become aware of any unauthorized use of your account.

1.3 Organization Accounts

If you create an account on behalf of an organization, the organization is the account owner. The organization's designated administrators control access and permissions for all users within the organization.

2. Use of the Service

2.1 Permitted Use

Subject to these Terms and the applicable subscription plan, we grant you a non-exclusive, non-transferable, revocable right to access and use Odysseus for your internal business purposes.

2.2 Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Service, other accounts, or systems connected to the Service
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to distribute malware, conduct denial-of-service attacks, or engage in cryptocurrency mining without authorization
• Reverse engineer, decompile, or disassemble any portion of the Service, except to the extent permitted by applicable law
• Resell, sublicense, or redistribute the Service without our written consent
• Use the Service in a manner that exceeds the usage limits of your subscription plan
• Remove or alter any proprietary notices, labels, or marks on the Service

2.3 Your Data and Content

You retain ownership of all data, configurations, and content you provide to or create through the Service ("Your Data"). You grant us a limited right to use Your Data solely to provide, maintain, and improve the Service. We will not access the contents of your containers or application workloads except as necessary to provide the orchestration service or as required by law.

3. Subscription and Payment

3.1 Plans and Pricing

Odysseus is offered under various subscription plans as described on our website. Pricing and plan features are subject to change. We will provide at least 30 days notice before any price increase takes effect for existing subscribers.

3.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. All fees are stated in Canadian dollars unless otherwise specified. Fees are non-refundable except as expressly stated in these Terms or required by law.

3.3 Free Tier

If a free tier is offered, it is provided at our discretion and may be modified or discontinued at any time. Free tier accounts may be subject to usage limits, reduced support, and feature restrictions.

3.4 Overdue Payments

If payment is overdue by more than 14 days, we may suspend access to the Service. We will provide reasonable notice before any suspension. Access will be restored upon receipt of payment.

4. Service Availability

4.1 Uptime

We strive to maintain high availability of the Odysseus control plane. Specific uptime commitments are outlined in our Service Level Agreement for applicable subscription plans.

4.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily affects the availability of the Service. We will provide at least 48 hours advance notice for planned maintenance via email or our status page, except in cases of urgent security patches.

4.3 No Impact on Your Workloads

Odysseus manages containers running on your infrastructure. Temporary unavailability of the Odysseus control plane does not affect the operation of your running containers. Existing deployments continue to run independently of the control plane.

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including its software, design, documentation, and trademarks, is owned by Delta Telematics and protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service beyond the limited use rights described herein.

5.2 Your Intellectual Property

We claim no intellectual property rights over Your Data or the applications and workloads you deploy using Odysseus.

5.3 Feedback

If you provide us with suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, modify, and incorporate that Feedback into the Service without obligation to you.

6. Confidentiality

Each party agrees to protect the other party's confidential information with the same degree of care it uses for its own confidential information, but in no event less than reasonable care. Confidential information includes, without limitation, account credentials, API keys, deployment configurations, pricing terms, and any information marked as confidential.

7. Limitation of Liability

7.1 Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

7.2 Limitation of Damages

To the maximum extent permitted by law, Delta Telematics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Service, regardless of the cause of action or the theory of liability.

7.3 Cap on Liability

Our total aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amounts you paid to Delta Telematics in the 12 months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).

7.4 Exceptions

The limitations in this section do not apply to: (a) either party's breach of confidentiality obligations, (b) your violation of the acceptable use terms, or (c) liability that cannot be limited under applicable law.

8. Indemnification

You agree to indemnify and hold harmless Delta Telematics and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party rights.

9. Termination

9.1 Termination by You

You may cancel your account at any time through the account settings or by contacting us at support@delta-telematics.ca. Upon cancellation, you remain responsible for any outstanding fees.

9.2 Termination by Us

We may suspend or terminate your account if:

• You breach these Terms and fail to cure the breach within 14 days of notice
• You engage in activity that poses a security risk to the Service or other users
• Your account is overdue for payment by more than 30 days
• We are required to do so by law

9.3 Effect of Termination

Upon termination:

• Your right to access the Service ends immediately.
• We will make Your Data available for export for 30 days following termination. After this period, we may delete Your Data.
• Existing container deployments on your infrastructure will continue to run, but you will no longer be able to manage them through Odysseus.
• Sections of these Terms that by their nature should survive termination will survive, including intellectual property, limitation of liability, indemnification, and governing law.

10. Changes to These Terms

We may modify these Terms from time to time. We will notify you of material changes at least 30 days before they take effect by posting a notice on our website or sending you an email. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you may cancel your account before the changes take effect.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without regard to conflict of law principles.

11.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in the Province of New Brunswick, Canada. Both parties consent to the personal jurisdiction of such courts.

11.3 Informal Resolution

Before initiating any formal legal proceeding, both parties agree to attempt to resolve the dispute informally by contacting the other party and negotiating in good faith for a period of at least 30 days.

12. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable SLA, constitute the entire agreement between you and Delta Telematics regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, pandemics, or internet service disruptions.

13. Contact Us

If you have questions about these Terms of Service, contact us at:

Delta Telematics Canada Inc.
Email: support@delta-telematics.ca
Website: odysseus.delta-telematics.ca
Location: Fredericton, New Brunswick, Canada