Through the Digital Manitoba Initiative, the Manitoba Chamber of Commerce (the "MCC") is administering a new program called the Digital Services Program. If you are a Manitoba-based business that qualifies for this program, you can receive funding for certain services in one of three streams: Business Technology Services, Cybersecurity Audits, and Digital Legal Services. Through the Digital Legal Services stream, organizations can work with a lawyer to develop a Terms of Use, a Website Privacy Policy, or an End-User License Agreement, depending on their need.
Terms of Use
Terms of Use are important unilateral contracts that inform customers of the appropriate uses of your website and provide important protections for your business, including setting out intellectual property ownership, limiting liability, and specifying that any disputes be settled according to the law of a certain jurisdiction.
Website Privacy Policy
Website Privacy Policies are used to fulfill an organization's accountability obligations under the Personal Information Protection and Electronic Documents Act ("PIPEDA"), which requires that organizations provide specific information to customers about their information handling practices. The availability of such information plays an important role in obtaining meaningful consent. See our article Terms of Use and Privacy Policy for more information about the importance of these documents.
End-User License Agreement ("EULA")
End-User License Agreements grant customers a license to use your software and set out the terms of that use. They are important for protecting against the alteration or redistribution of your product, among other things. They can dictate who owns the data customers input into the software and grant licenses that may be crucial to an organization's ability to provide the services their software promises and to utilize data to improve their products.
If you are a Manitoba-based business operating online or developing software and are interested in obtaining one of these documents, the MCC may be able to assist with covering the related expenses. Successful applicants are paired with a lawyer who will work with you to determine which document would be most beneficial for your business and draft that document. For participating companies, MCC ensures all payment for the selected service. Information about the Digital Services Program and the application portal can be found here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
