BuildSmarts Platform Terms of Service

1. Service Provided “As Is” — Disclaimer of Warranties. The BuildSmarts platform and all services, tools, estimates, calculators, blueprints, matches, communications, and content (collectively, the “Services”) are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, security, or availability. BuildSmarts does not warrant that the Services will be uninterrupted, timely, error-free, or free of viruses or other harmful components. BuildSmarts is not liable for errors or inaccuracies in measurements, estimates, pricing, timelines, or recommendations produced by the Services; it is your responsibility to independently verify any information before relying on it for any purpose.

2. Your Account & Responsibilities. You are solely responsible for: (a) the accuracy of the information in your account; (b) safeguarding your credentials and any access tokens; (c) all activity that occurs under your account; and (d) complying with all applicable laws, regulations, permits, licences, and building codes in your jurisdiction. You must be at least the age of majority in your jurisdiction and have legal authority to enter into this agreement.

3. Acceptable Use Policy. You must not, and must not permit any third party to, use the Services to:

• Violate any applicable law, regulation, permit, or building code.
• Infringe on the intellectual property, privacy, publicity, or other rights of any third party.
• Introduce viruses, malware, worms, ransomware, spyware, or any other harmful code.
• Harass, abuse, threaten, intimidate, stalk, defame, or discriminate against any person.
• Upload, transmit, or share content that is unlawful, harmful, obscene, hateful, or otherwise objectionable.
• Share account credentials or access tokens with unauthorised users.
• Falsify your identity, impersonate another person, or misrepresent your affiliation.
• Probe, scan, penetration-test, or otherwise attempt to test the vulnerability of any BuildSmarts system.
• Circumvent, disable, or bypass any security or access-control feature.
• Reverse engineer, decompile, disassemble, scrape, or attempt to derive source code.
• Use the Services for competitive analysis or to build a competing product or service.
• Solicit BuildSmarts users, workers, ambassadors, or leads off-platform in breach of the Off-Platform Waiver.

4. Payment, Wallet & Escrow. All payments for services booked through BuildSmarts must be made through the BuildSmarts wallet. Services will not commence until payment is confirmed and available. BuildSmarts holds funds in escrow until the service is completed and approved by the customer, subject to statutory holdbacks and any dispute-resolution process. Chargebacks, disputes, or refund requests are governed by the BuildSmarts refund policy in effect at the time of the transaction. You are responsible for all applicable taxes.

5. Intellectual Property. BuildSmarts retains all right, title, and interest in and to the Services, including all software, code, designs, trademarks, logos, content, and know-how. This agreement is not a sale and does not convey to you any ownership rights in or related to the Services. You obtain only a limited, revocable, non-exclusive, non-transferable licence to use the Services during the term of this agreement. You retain ownership of the data and content you submit, and you grant BuildSmarts a worldwide, royalty-free licence to host, store, reproduce, and process that content solely to operate, improve, and support the Services.

6. Limitation of Liability. To the maximum extent permitted by law, in no event shall BuildSmarts, its owners, officers, employees, ambassadors, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenue, data, goodwill, or other intangible losses — arising from or related to your access to, use of, or inability to access or use the Services, even if BuildSmarts has been advised of the possibility of such damages. BuildSmarts’ total aggregate liability for all claims arising out of or relating to this agreement or the Services shall not exceed the greater of (a) the total fees you paid to BuildSmarts in the three (3) months preceding the event giving rise to the claim, or (b) CAD $100.

7. Indemnification. You agree to indemnify, defend, and hold BuildSmarts (and each of the parties listed in Clause 6) harmless from and against any and all claims, damages, losses, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your content or submissions; (c) your breach of this agreement; (d) your violation of any law or third-party right; or (e) any dispute between you and another user, contractor, worker, or third party introduced through the Services.

8. Account Suspension & Termination. BuildSmarts reserves the right, in its sole discretion and at any time, to suspend, restrict, or terminate your access to the Services or any part of them, with or without notice, including if we believe your account has been compromised, if you violate this agreement or the Acceptable Use Policy, if required by law, or to protect the safety or integrity of the platform, its users, or third parties. Upon termination, your right to use the Services ceases immediately; clauses that by their nature should survive termination will survive (including Intellectual Property, Limitation of Liability, Indemnification, and Dispute Resolution).

9. Dispute Resolution — Forum, Governing Law & Arbitration. This agreement is governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this agreement or the Services shall be brought exclusively in the courts located in Toronto, Ontario, Canada, and you irrevocably submit to the personal jurisdiction of those courts. To the maximum extent permitted by law, both parties waive any right to a trial by jury. Any dispute that is not resolved through good-faith negotiation within 30 days shall be finally resolved by binding arbitration seated in Toronto, Ontario, Canada, before a single arbitrator, under the rules of the ADR Institute of Canada. You waive any right to participate in a class, collective, or representative action.

10. Changes to the Terms. BuildSmarts may update this agreement from time to time. Material changes will be posted on the BuildSmarts platform and, where practical, notified to you by email or in-app notice. Continued use of the Services after changes take effect constitutes acceptance of the updated agreement.

11. Severability & Entire Agreement. If any provision of this agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions shall remain in full force and effect. This agreement, together with the Off-Platform Waiver, Independent Contractor Agreement (where applicable), and any BuildSmarts policies referenced in the platform, is the entire agreement between you and BuildSmarts regarding the Services.

12. Electronic Signature & Acceptance. By checking the “I Agree” box and clicking “I Agree — Continue” (or by continuing to use the Services), you consent to conduct this transaction electronically and agree that your electronic acceptance is legally binding and has the same effect as a handwritten signature.