Terms of Service

1. The service

These Terms of Service ("Terms") are an agreement between [COMPANY LEGAL NAME], [ADDRESS] ("we", "us") and the business that creates a thezzo account (the "Customer", "you"). The person who accepts these Terms for a business confirms they have the authority to bind it.

thezzo is software for trade contractors. It covers projects, scheduling and visits, daily sheets, time tracking and a time clock, payroll reports, expense receipts, chat, estimates, change orders, completion reports, invoices, online payment links and QuickBooks sync. It runs as apps for iOS, Android, macOS, Windows and the web (the "Service").

Online payments are processed by Stripe into the Customer's own Stripe account. We are not a payment processor, money transmitter or party to any payment between the Customer and its clients (see section 10).

2. Accounts and users

• The Customer's account has an owner and may have other users in three roles: admin, project manager and field worker. The Customer decides who is invited and what role they get, and is responsible for everything done under its account.
• Users sign in with a passkey or with a one-time code sent to their email. Keep devices and email accounts secure, and tell us promptly at [SUPPORT EMAIL] if you believe an account has been compromised.
• Account information must be accurate and kept up to date.
• The Customer's clients do not need an account. They open estimate, report and payment links that the Customer sends them.

3. Fees and billing

• Plans and prices: [PLANS AND PRICES]. Fees are billed in advance for each [BILLING PERIOD] and renew automatically until cancelled.
• Prices are in Canadian dollars and exclude taxes. We add GST/HST and, where it applies, QST.
• Except where the law requires otherwise or these Terms say so, fees already paid are not refundable. [REFUND EXCEPTIONS, IF ANY]
• Stripe charges its own processing fees on the Customer's payments under the Customer's agreement with Stripe. Our own fee on payments, if any: [PLATFORM FEE ON PAYMENTS, IF ANY].
• We may change prices with at least 30 days' notice, effective at the next renewal.
• If fees are unpaid, we may suspend the account after [GRACE PERIOD] notice.

4. Your content

"Customer Data" means everything the Customer and its users put into the Service, such as worker, client and project details, time and location records, photos, receipts, messages, estimates and invoices. As between the Customer and us, the Customer owns Customer Data.

The Customer is responsible for Customer Data and for having the right to collect and use it. That includes:

• giving workers any notice employment law requires, including a written electronic monitoring policy where Ontario's Employment Standards Act, 2000 requires one, before using the time clock's location feature;
• having a lawful basis under Canada's Anti-Spam Legislation (CASL) for the emails it sends its clients through the Service;
• the accuracy of pay rates, hours, payroll figures, taxes, estimates and invoices. thezzo calculates from what you enter. It is not payroll, tax, accounting or legal advice.

Our Privacy Policy explains how we handle personal information in Customer Data.

5. Acceptable use

You must not, and must not let anyone else:

• use the Service in breach of any law, including privacy, employment, consumer protection and anti-spam laws;
• upload content that is unlawful, infringing or harmful, or malware;
• try to get into another customer's data or any account or system without permission;
• probe, scan, overload or interfere with the Service, or get around its security or rate limits;
• copy, reverse engineer or resell the Service, or use it to build a competing product;
• use payment links for anything other than real amounts owed to the Customer for its work.

6. Licence to us

The Customer gives us a non-exclusive, worldwide licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, and as the Customer directs (for example, sending an invoice to a client or syncing with QuickBooks). We do not sell Customer Data or use it for advertising.

7. Mobile and desktop apps

We grant each user a limited, non-exclusive, non-transferable licence to install and use the thezzo apps for the Customer's business while the account is active. Apps downloaded from the Apple App Store or Google Play are also subject to those stores' terms. Apple and Google are not parties to these Terms and have no duty to support the apps. Some features need device permissions, such as location, camera, photos and notifications. Users can turn these off in the device settings, and those features then stop working.

8. Communications

By using the Service, you agree to receive service emails and push notifications, such as sign-in codes, invitations, payment and security notices, and account and billing messages. Product news and other commercial messages are sent only with consent and always include an unsubscribe link. [SMS, IF EVER USED]

9. Feedback

If you send us ideas or suggestions, we may use them without any obligation to you.

10. Third-party services

• Stripe. To take online payments, the Customer connects its own Stripe account and accepts Stripe's terms, including the Stripe Connected Account Agreement. Stripe processes the payments. Card and bank details go to Stripe, not to us. Payouts, refunds, chargebacks, disputes, holds and Stripe fees are between the Customer, its clients and Stripe. We are not liable for Stripe's acts or failures.
• Intuit QuickBooks. If the Customer connects QuickBooks, it authorizes us to read and write the records the sync needs (such as customers, invoices, payments and refunds). Intuit's terms govern the QuickBooks account. The Customer should check synced records in QuickBooks.
• Others. Address suggestions come from Google, and directions open in Google Maps, Apple Maps or Waze.

Third-party services are provided by those third parties, not by us. Your relationship with them is separate. We are not responsible for them, and they may change or stop working with the Service.

11. Beta features

Features marked beta, preview or early access are provided for evaluation, may change or be removed, and come with no commitments of any kind.

12. Disclaimers

To the extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error-free, that calculations (including time, pay, tax and invoice totals) will suit your situation, or that data will never be lost. Keep your own copies of important records.

13. Limitation of liability

To the extent the law allows:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill;
• our total liability for all claims about the Service or these Terms is limited to the greater of CAD $100 and the fees the Customer paid us in the 12 months before the event giving rise to the claim.

These limits do not apply where the law does not allow them to be limited.

14. Indemnification

The Customer will defend and indemnify us against third-party claims arising from Customer Data, from the Customer's use of the Service in breach of these Terms or the law, or from the Customer's dealings with its workers and clients (including payments, refunds and disputes).

15. Term, termination and your data

• These Terms apply while the Customer has an account. The Customer can cancel at any time, effective at the end of the current billing period.
• We may suspend or end an account for a serious or repeated breach of these Terms, for unpaid fees, or where the law requires, with notice where practical.
• Before closing an account, the Customer can export its data: [EXPORT METHOD AND FORMATS]. After closing, we keep and then delete Customer Data as described in the Privacy Policy.
• Users can delete their own account in the app. If the user is the only member of an organization, that organization's data is deleted too.
• Sections that by their nature should survive (including fees owed, disclaimers, liability, indemnification and governing law) survive termination.

16. Availability and changes to the service

We work to keep the Service available but may suspend it for maintenance, security or reasons beyond our control. We may add, change or remove features. If we remove a feature that matters to how you use the Service, we will give reasonable notice. Support: [SUPPORT EMAIL], [SUPPORT HOURS].

17. Security

We use reasonable administrative, technical and physical safeguards to protect Customer Data. They include encryption in transit [CONFIRM], passkey and one-time-code sign-in, role-based access, and keeping each Customer's data separate [CONFIRM]. The Customer is responsible for managing its users and their roles and removing people who should no longer have access.

18. Confidentiality

Each party will protect the other's non-public business information with reasonable care, and use it only for the purposes of these Terms. This does not cover information that is public, already known, independently developed or lawfully received from someone else. Either party may disclose information where the law requires.

19. Law enforcement requests

If a court, government or law enforcement body asks us for Customer Data, we will disclose it only when the law requires it. Unless we are not allowed to, we will tell the Customer first so it can object.

20. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The parties submit to the exclusive jurisdiction of the courts of Ontario, sitting in [CITY]. Nothing in these Terms requires arbitration or waives the right to bring a class proceeding where the law gives that right.

21. Changes to these terms

We may update these Terms. For a material change, we will give account admins at least 30 days' notice by email or in the app before it takes effect. Continuing to use the Service after a change takes effect means accepting it. If you do not agree, you can cancel before then.

22. General

These Terms, the Privacy Policy and any order form are the entire agreement about the Service. If any part is unenforceable, the rest still applies. Failing to enforce a right is not a waiver. The Customer may not assign these Terms without our consent. We may assign them as part of a merger, sale or reorganization. Neither party is liable for delays caused by events beyond its reasonable control.

23. Contact

[COMPANY LEGAL NAME]
[ADDRESS]
[LEGAL OR SUPPORT EMAIL]