# Fencair Auto Tracking for Canada Post — Customer License Terms

**Status:** Publication candidate based on owner-approved commercial policy. Legal review is still recommended before first binding publication. This document does not itself publish the product, create a Git tag/GitHub Release, deploy production infrastructure, or upload to OpenCart Marketplace.

These Customer License Terms apply to Fencair Auto Tracking for Canada Post, product code `FENCAIR_CP_AUTO_TRACKING` (the “Software”). The contracting seller/licensor is **Andrii Khalakhan, sole proprietor**, operating the Fencair software business (“Fencair”). By purchasing, activating, installing, or using the Software, the customer agrees to these terms, subject to any mandatory rights that cannot legally be excluded.

## 1. License grant

Subject to payment of the applicable fee and compliance with these terms, Fencair grants the customer a limited, non-exclusive, non-transferable except as expressly permitted below, revocable license to install and use the Software for the customer’s own OpenCart store operations.

The purchased release may be used perpetually, subject to these terms. Expiration of the included update or support period does not disable the purchased release and does not convert the purchase into a subscription.

## 2. Activation allowance

Each license includes:

- one active **production/live store**; and
- one shared **non-production staging/development/test installation**.

The customer may transfer the production activation to a replacement production store by explicitly deactivating the previous production installation and then activating the replacement store.

Normal uninstall/reinstall of the same installation is not customer deactivation and does not by itself consume a new commercial activation slot.

The customer must not use one license for multiple simultaneous production stores unless Fencair has issued an entitlement that expressly permits additional production activations.

## 3. License activation and technical enforcement

The Software uses Fencair licensing services and a signed local entitlement to validate licensed use. After successful activation, the plaintext license key is not the durable local license authority.

The Software may periodically refresh license status with the Fencair license service. Licensed live operation is permitted only within the valid license states implemented by the Software, including the bounded outage/grace behavior designed for temporary license-service unavailability.

Customer deactivation is an explicit action and is distinct from uninstall. Administrative revocation by Fencair is also distinct from customer deactivation and may terminate licensed operation where the entitlement has been revoked for a valid commercial or security reason.

## 4. Permitted use

The customer may:

- install and operate the Software on the licensed production and non-production installations described above;
- make reasonable backup copies for disaster recovery or deployment purposes;
- configure the Software for the customer’s own supported OpenCart environment;
- continue using the purchased release after the included update/support period expires.

## 5. Restrictions

Except where applicable law expressly permits otherwise, the customer must not:

- resell, sublicense, rent, lease, share, or distribute the Software or license credentials as a standalone product;
- use one license for more production installations than the entitlement permits;
- remove or circumvent license checks, signature verification, activation limits, or other technical license controls;
- extract, disclose, or misuse Fencair private credentials, signing material, operator credentials, backend secrets, or issuance authority;
- use the Software or Fencair services to facilitate unlawful activity;
- misrepresent the Software as an official Canada Post or OpenCart product.

Nothing in this section limits rights that cannot legally be restricted under applicable law.

## 6. Ownership and intellectual property

The Software is licensed, not sold. Fencair retains all right, title, and interest in the Software, documentation, licensing technology, trademarks, and related intellectual property, except for third-party components or trademarks owned by their respective holders.

The customer retains ownership of the customer’s own store data, order data, tracking data, configuration, and other merchant-controlled information.

Canada Post and OpenCart names and trademarks are used only to identify interoperability and compatibility. No endorsement, sponsorship, or official affiliation is implied.

## 7. Canada Post and third-party services

The customer is responsible for obtaining and maintaining valid Canada Post API credentials, carrier accounts, hosting, OpenCart, database, PHP runtime, networking, and any other merchant-controlled dependencies required for operation.

Normal Canada Post tracking traffic is sent directly from the merchant store to Canada Post. Fencair does not proxy normal carrier-tracking requests through its licensing service.

Fencair does not control Canada Post availability, carrier data, third-party APIs, hosting providers, modified OpenCart installations, or third-party extensions. Changes or failures in those external dependencies may affect operation of the Software.

## 8. Compatibility

Fencair supports only the combinations explicitly identified as certified in the current customer-facing compatibility documentation for the applicable release.

An unlisted OpenCart/PHP/database/web-runtime combination is not represented as certified merely because individual components are similar to a certified combination.

## 9. Updates and support

The initial purchase includes:

- **12 months of software updates** from the purchase date; and
- **12 months of customer support** from the purchase date.

Support is provided through email and/or the Fencair support form. The target first response is within **1 business day**, Monday–Friday, excluding Canadian statutory holidays.

Critical licensing or activation issues receive priority handling, but no guaranteed resolution or fix time is promised. Bug-fix timing depends on severity, reproducibility, technical complexity, and whether the issue occurs in a supported/certified environment.

Standard support does not include custom development, general server administration, unrelated OpenCart troubleshooting, or remediation of unsupported environments.

## 10. Renewal

Renewal is optional.

A **USD $39.99 renewal** extends access to software updates and customer support for an additional **12 months**.

Failure to renew does not disable the purchased release. The Software does not automatically convert into a subscription solely because the included update/support period expires.

## 11. Pricing

For the first stable commercial release:

- regular price: **USD $79.99**;
- launch price: **USD $59.99**;
- billing model: **one-time purchase**, not a subscription.

The launch price is promotional and does not redefine the regular price or the standard renewal price.

Marketplace pricing or transaction mechanics may be subject to the Marketplace’s own checkout, tax, currency, and seller rules.

## 12. Refunds

### Direct Fencair purchases

Refund requests may be considered within **14 days of purchase** when a reproducible technical defect materially prevents the Software from operating as advertised in a certified environment and Fencair cannot reasonably fix or provide a reasonable workaround after support review.

The customer must provide Fencair a reasonable opportunity to investigate the issue before refund approval.

A refund is not promised solely because of:

- change of mind;
- unsupported or incompatible hosting/OpenCart environments;
- merchant or server misconfiguration;
- missing, invalid, suspended, or otherwise unusable merchant-controlled Canada Post credentials/accounts;
- third-party service failures outside Fencair’s direct control.

A verified successful full refund terminates/revokes the associated commercial entitlement.

### OpenCart Marketplace purchases

Where a purchase is completed through OpenCart Marketplace, the Marketplace’s applicable transaction and refund rules govern where those rules control the purchase. These direct-sale refund terms do not override Marketplace requirements.

Nothing in this section limits mandatory consumer rights that cannot legally be excluded.

## 13. Warranty

Fencair provides a **limited software warranty**, not an unconditional performance, uptime, compatibility, or results guarantee.

During the included support period, Fencair will use reasonable efforts to investigate and correct reproducible defects that materially prevent the Software from operating as documented in a certified environment.

Fencair does not warrant uninterrupted or error-free operation across every hosting stack, modified OpenCart installation, third-party extension combination, carrier condition, or external service condition.

Merchant-controlled dependencies, including hosting/server configuration, OpenCart customizations, third-party extensions, Canada Post credentials/accounts, carrier availability, and external APIs, remain outside Fencair’s direct control.

Nothing in these terms excludes or limits statutory warranties, rights, or remedies that cannot legally be excluded.

## 14. Limitation of liability

To the maximum extent permitted by applicable law, Fencair will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill, anticipated savings, or data, arising out of or relating to the Software, licensing services, support, or these terms, even if Fencair has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Fencair’s total aggregate liability arising out of or relating to the Software, licensing services, support, or these terms will not exceed the greater of:

- the fees actually paid by the customer to Fencair for the Software and any related renewal/support entitlement during the **12 months immediately preceding** the event giving rise to the claim; or
- the **original license purchase price** paid for the Software.

These limitations apply regardless of the legal theory of liability, including contract, tort, negligence, strict liability, statute, or otherwise, to the extent such limitation is legally permitted.

Nothing in this section excludes or limits liability that cannot legally be excluded or limited, including mandatory statutory consumer rights and any liability for fraud, intentional misconduct, or other categories that applicable law does not permit the parties to exclude or cap.

## 15. Customer data and privacy boundary

License activation, deactivation, validation, entitlement management, and related commercial-control operations may require limited license/account/installation information to be exchanged with Fencair’s licensing services.

License state changes do not authorize Fencair to delete the customer’s merchant order, tracking, log, configuration, or other store data.

The customer remains responsible for compliance with applicable privacy, security, and data-protection obligations for the customer’s store and customer data.

## 16. Suspension and termination

The customer’s license rights may be suspended or terminated where:

- a full refund has been successfully completed;
- the entitlement has been validly revoked;
- the customer materially breaches these terms and fails to cure the breach where cure is reasonably available;
- continued licensed use would violate applicable law or create a material security risk.

Termination of the Software license does not itself authorize deletion of merchant-owned store data.

Sections concerning ownership, restrictions, accrued payment obligations, warranty limitations, limitation of liability, and any provisions that by their nature should survive termination continue to apply after termination to the extent permitted by law.

## 17. No official affiliation

Fencair is an independent software vendor operated by **Andrii Khalakhan, sole proprietor**. The Software is not an official Canada Post or OpenCart product. Canada Post and OpenCart trademarks belong to their respective owners. No endorsement or official affiliation is implied.

## 18. Governing law and venue

These terms and any dispute arising out of or relating to the Software, a license, or these terms are governed by the laws of the **Province of Ontario** and the applicable federal laws of **Canada**, without regard to conflict-of-law principles that would require application of another jurisdiction’s laws.

Subject to any mandatory consumer or other rights that require a different forum, the parties submit to the jurisdiction of the courts located in **Ontario, Canada** for disputes arising out of or relating to these terms or the Software.

## 19. Legal notices

The seller/licensor’s business and legal notice address is:

**Andrii Khalakhan, sole proprietor**  
**1-5126 Dundas St W**  
**Etobicoke, Ontario, Canada M9A 1C2**

Formal electronic legal notices: **legal@fencair.com**

A legal notice should identify the sender, provide sufficient contact information for a response, describe the matter with reasonable detail, and identify the applicable order, license, or account where relevant. Electronic notice is deemed received when it enters Fencair’s designated email system, subject to evidence of delivery failure or applicable mandatory law.

Fencair may send notices to the customer using the email address or account contact information associated with the customer’s purchase, license, or Fencair account, unless applicable law requires another method.

## 20. Legal-review items before first binding publication

The commercial policy, contracting entity, business/legal notice address, formal legal-notice email, governing law, venue, and limitation-of-liability structure in this document are owner-approved.

Before first binding publication, Fencair should still confirm any jurisdiction-specific consumer, tax, privacy, accessibility, electronic-commerce, or sales-channel disclosures that are mandatory for the intended transaction and customer location. Nothing in these terms overrides mandatory law or a mandatory Marketplace rule that validly governs a Marketplace transaction.

Until that final compliance review is completed, this file remains a publication candidate and should not be represented as lawyer-reviewed or jurisdiction-complete legal terms.

## 21. Entire commercial understanding

For product-specific commercial behavior, these terms should be read together with the applicable order/checkout information, certified compatibility documentation, and any Marketplace terms that lawfully govern a Marketplace transaction.

If a Marketplace rule that validly governs the transaction conflicts with a direct-sale commercial term, the Marketplace rule controls that transaction to the extent required by the Marketplace relationship or applicable law.

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**Version:** 1.0.1 commercial-policy candidate

**Seller/licensor:** Andrii Khalakhan, sole proprietor

**Business/legal notice address:** 1-5126 Dundas St W, Etobicoke, Ontario, Canada M9A 1C2


**Legal notice email:** legal@fencair.com

**Governing law:** Ontario, Canada

**Product:** Fencair Auto Tracking for Canada Post — OpenCart 3

**Product code:** `FENCAIR_CP_AUTO_TRACKING`