Terms of Service

1. Acceptance of Terms

VivaVan Consulting Inc. operates Trailfolio (financial planning, trailfolio.com), Passavia (Canadian immigration, passavia.ca), and VivaVan (vivavan.ca, parent brand). These Terms of Service cover your use of all VivaVan products.

By accessing or using VivaVan, operated by VIVAVAN CONSULTING INC., you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our service.

2. Description of Service

VivaVan Consulting Inc. operates Trailfolio (financial planning, trailfolio.com), Passavia (Canadian immigration, passavia.ca), and VivaVan (vivavan.ca, parent brand). These Terms cover your use of all VivaVan products. Where examples below reference financial data they apply to your use of Trailfolio; where they reference immigration data they apply to your use of Passavia.

3. Not Financial or Immigration Advice

We make no guarantees about the accuracy of calculations or projections. Past performance and hypothetical scenarios do not guarantee future results. You are solely responsible for decisions you make based on the service.

You are responsible for the accuracy of all data you enter into the service. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Calculation results may contain errors.

4. User Accounts

You must be at least 18 years old to use this service.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must provide accurate information when creating an account.

5. Acceptable Use

You agree not to:

• Use the service for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service
• Share your account with others
• Use the service to provide financial, investment, or tax advice to third parties, hold yourself out as a financial planner, financial adviser, investment adviser, portfolio manager, or any title restricted under Canadian provincial securities legislation, advise or represent third parties on Canadian immigration matters for consideration, or hold yourself out as authorized to provide immigration representation under section 91 of IRPA when you are not

6. Intellectual Property

The service, including its design, features, and content, is owned by VIVAVAN CONSULTING INC. You retain ownership of the data you input into the service.

7. Community Content

When you share analysis templates publicly, you grant other users the right to view and duplicate your templates. You are responsible for ensuring you have the right to share any content you make public.

Shared templates are provided as-is by their authors. VIVAVAN CONSULTING INC. does not review, endorse, or guarantee the accuracy of any user-shared template. You use shared templates at your own risk.

8. Limitation of Liability

To the maximum extent permitted by law, VIVAVAN CONSULTING INC. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service, including any financial losses resulting from financial decisions made based on our scenario modeling tools.

Our total aggregate liability for any direct damages arising out of or related to the service shall not exceed the greater of (a) the total fees you paid to us in the twelve (12) months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).

Some Canadian provinces may not permit certain limitations of liability. In such provinces, our liability is limited to the maximum extent permitted by applicable law.

9. Termination

We reserve the right to suspend or terminate your account at any time for violations of these terms, without prior notice. Upon termination, your right to use the service will immediately cease.

After account termination, we will retain your data for 30 days to allow you to request an export. After this period, your personal data will be deleted in accordance with our Privacy Policy's data retention schedule.

10. Indemnification

You agree to indemnify, defend, and hold harmless VIVAVAN CONSULTING INC., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from your use of the service, your violation of these terms, or any financial decisions made based on the service.

11. Modifications

We reserve the right to modify these terms at any time. For material changes, we will provide at least 30 days' notice via email or a prominent notice within the service before the changes take effect.

Continued use of the service after the notice period constitutes acceptance of the modified terms. If you disagree with the changes, you must stop using the service and may request account deletion.

12. Governing Law

These terms are governed by the laws of Canada and the Province of British Columbia, without regard to conflict of law principles. For users residing in Quebec, the mandatory provisions of the Civil Code of Quebec, the Quebec Consumer Protection Act, and the Charter of the French Language continue to apply regardless of this clause.

Controlling language. These Terms are made available in English and French. The French version is provided to comply with Quebec consumer-protection and Charter of the French Language (Bill 96) requirements. For users residing in Quebec, the French version controls in case of any conflict with the English version; for all other users, the English version controls.

Before initiating any formal proceedings, you agree to attempt to resolve any dispute through informal negotiation for at least 30 days. Any legal proceedings arising from these terms shall be brought exclusively in the courts located in Vancouver, British Columbia. You irrevocably submit and attorn to the exclusive jurisdiction of those courts.

13. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.

14. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and VIVAVAN CONSULTING INC. regarding the use of the service and supersede any prior agreements between you and us.

15. Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these terms will be effective only if in writing and signed by us.

16. Assignment

We may assign our rights and obligations under these terms in connection with a merger, acquisition, or sale of all or substantially all of our assets. You may not assign your rights or obligations under these terms without our prior written consent.

17. Electronic Communications

By using the service, you consent to receiving communications from us electronically, including by email and in-app notices. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, cyberattacks, or pandemics.

19. Contact

For questions about these Terms of Service, contact us at: [email protected]

20. Third-Party Data

VivaVan incorporates data from third-party sources, including:

• Statistics Canada: population, labour, language, and inflation data
• Bank of Canada: policy and benchmark interest rates
• Canada Revenue Agency (CRA): federal and provincial tax brackets, benefit thresholds, contribution limits
• Canada Mortgage and Housing Corporation (CMHC): insurance premiums and rules
• Office of the Superintendent of Financial Institutions (OSFI): mortgage stress-test rate
• Provincial assessment authorities and municipalities: property tax rates and assessment data
• Immigration, Refugees and Citizenship Canada (IRCC): Express Entry rounds, program criteria
• Employment and Social Development Canada (ESDC): NOC 2021, LMIA, occupational classifications
• Provincial Nominee Programs (PNP): eligibility criteria from each provincial nominee program
• Ministère de l'Immigration, de la Francisation et de l'Intégration du Québec (MIFI): Arrima draws, CSQ criteria
• Atlantic Immigration Program (AIP): provincial-designation criteria

This data is used under the terms of the Open Government Licence – Canada and other applicable licences. Third-party data is provided “as is” without warranties. We do not guarantee the accuracy, completeness, or timeliness of third-party data. For authoritative data, please consult the original sources directly.

See our Data Sources page for complete attribution details.

21. Third-Party Advertising

Some pages display advertisements served by Google (including Google AdSense) and other third-party advertising partners. We do not control, endorse, or assume responsibility for the content of third-party advertisements or for the products and services they promote. Your interactions with an advertisement — including any website you visit or purchase you make through it — are solely between you and the relevant advertiser and are governed by that third party's own terms and privacy policy. Advertising cookies are used only in accordance with the consent choices described in our Privacy Policy.