Terms of Service

1. Acceptance of Terms

By accessing or using NoteQuote ("Service"), operated by NoteQuote ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Service.

These Terms constitute the entire agreement between you and NoteQuote and supersede any prior agreements. We reserve the right to update these Terms at any time, and your continued use of the Service constitutes acceptance of those changes.

2. Service Description

NoteQuote provides cloud-based business management software designed for skilled trades professionals in Canada. Our Service includes:

• Quote and invoice generation tools
• Client relationship management features
• Payment processing integration through Stripe Connect
• Business analytics and reporting capabilities
• AI-assisted quote generation features
• Document storage and management

The Service is provided on a subscription basis with a 14-day free trial period.

3. User Accounts and Registration

To access our Service, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old and have the legal capacity to enter into contracts to use this Service. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

4. Subscription Terms and Pricing

Current Pricing: $39.99 CAD per month plus applicable taxes

Free Trial: New users receive a 14-day free trial with full access to all features. No credit card is required to start your trial.

Billing: After your trial ends, you will be charged monthly in advance. All fees are in Canadian dollars and subject to applicable taxes (HST/GST/PST).

Price Changes: We reserve the right to modify our pricing. We will provide at least 30 days' notice before any price increases affect your subscription.

5. Payment Terms

Payment processing is handled by Stripe, a third-party payment processor. By providing payment information, you authorize us to charge your payment method for all fees incurred.

You agree to pay all charges at the prices in effect when incurred. You are responsible for all applicable taxes, and we will charge tax when required by law.

6. Cancellation and Refund Policy

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period, and you will retain access until that time.

Refund Policy: Due to the nature of our Service and the free trial period provided, we do not offer refunds for partial months or unused time. However, we will consider refund requests on a case-by-case basis for technical issues that prevent Service use.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers or networks
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service to transmit viruses, malware, or other harmful code
• Collect or harvest any information from the Service or other users
• Use the Service for any commercial purpose without our written consent

8. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by NoteQuote and are protected by international copyright, trademark, and other intellectual property laws.

You retain all rights to the data you input into the Service. By using the Service, you grant us a limited license to use, store, and process your data solely to provide the Service to you.

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We are committed to protecting your privacy in accordance with applicable Canadian privacy laws, including PIPEDA.

We implement reasonable security measures to protect your data. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.

10. Third-Party Services

Our Service integrates with third-party services including:

• Stripe: For payment processing (subject to Stripe's terms of service)
• OpenAI: For AI-powered features (data is anonymized before processing)
• Postmark: For email delivery services

Your use of these integrated services is subject to their respective terms and privacy policies. We are not responsible for the practices of these third parties.

11. Disclaimers and Limitation of Liability

No Professional Advice: The Service is a software tool and does not provide legal, tax, accounting, or other professional advice. You should consult appropriate professionals for such advice.

Service Availability: The Service is provided "as is" and "as available." We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Limitation of Liability: To the maximum extent permitted by law, NoteQuote shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

In no event shall our aggregate liability exceed the greater of one hundred dollars ($100 CAD) or the amount you paid us in the twelve months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless NoteQuote and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Service.

13. Modifications to Service

We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. You may request data export within 30 days of termination, after which we may delete your data.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Toronto, Ontario, in accordance with the Arbitration Act, 1991 (Ontario).

16. General Provisions

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent.

Force Majeure: We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

17. Contact Information

If you have any questions about these Terms, please contact us at:

18. Language

These Terms and any documents relating thereto have been drawn up in the English language at the express request of the parties. Les présentes conditions de service et tout document s'y rattachant ont été rédigés en anglais à la demande expresse des parties.