Terms of Use

1. Who We Are and What These Terms Cover

Neufinity Inc. ("Neufinity", "we", "us") is based in London, Ontario. These Terms of Use ("Terms") govern your use of neufinity.com, the Neufinity web app and field app, and the services we provide through them (together, the "Services").

By creating an account, accepting an invitation, or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you use the Services for a business, condo corporation or other organization, you confirm you are authorized to accept these Terms for it, and "you" includes that organization.

2. What Neufinity Is

Neufinity is software. Today it does two things:

• A contractor office: tools for grounds-maintenance and snow and ice contractors to run their business, including customers, service sites, contracts, quotes, invoices, routes, a field app for crews, storm events, and crew and subcontractor records.
• Service proof for buildings: property managers, condo boards and owners see records of the service visits their contractors complete on Neufinity, such as photos, time and location stamps, visit notes and sign-offs.

The Neufinity service network, through which Neufinity would bring work to contractors, is not open. Any network activity is by invitation only, as a pilot. Nothing in these Terms promises that Neufinity will find, recommend, supply or schedule a contractor, or send work or leads to anyone.

Neufinity does not perform grounds, snow, repair or any other property services. We are not a party to agreements between contractors and their customers, and we do not employ, supervise or direct contractors or their crews. Each contractor is solely responsible for its work, its prices, its invoices and taxes, and its own licences, insurance and workplace safety obligations, including WSIB.

3. Your Account

You must be at least 18 years old to create an account. When you create or use an account, you agree to:

• Give accurate information and keep it up to date.
• Keep your password and any sign-in codes secret, and use two-step sign-in where we offer it for your role.
• Take responsibility for activity under your account and under the accounts you invite, such as office staff, crew members and subcontractors.
• Tell us right away at legal@neufinity.com if you believe someone has used your account without permission.

4. Your Content and the People in It

"Your Content" is what you or your users put into the Services: customer and site lists, contracts, quotes, invoices, photos, notes, documents and messages. You keep ownership of Your Content. You give Neufinity a non-exclusive licence to host, copy, process, display and transmit it only as needed to provide, secure and support the Services, and as our Privacy Policy describes.

When you put information about other people into the Services, such as your customers, their site contacts, your crew or your subcontractors, you are responsible for having the right to do so under privacy law, including giving any notice and getting any consent the law requires. Neufinity handles that information on your behalf, as your service provider, to provide the Services to you.

When a contractor completes a visit for a building on Neufinity, the visit record (photos, time and location stamps, notes and any sign-off) is shared with that building's account. Completed visit records are kept as made: a later change is recorded as an amendment rather than replacing the original, so the record shows what changed and when.

5. Location, Photos and Your Crew

The field app records the device's location and the time when a crew member checks in or out of a visit or takes a photo, and stores photos with the details the device attaches to them. That is what makes a visit record useful as proof.

Contractors who use the field app with employees are responsible for telling them what it records and why, and for their own obligations as employers, including any written electronic monitoring policy required by Ontario's Employment Standards Act, 2000.

6. Acceptable Use

You agree not to:

• Use the Services for anything unlawful, or to infringe anyone's rights.
• Create false records: photos not taken at the visit, altered times or locations, or sign-offs a person did not give.
• Send messages through the Services that break Canada's Anti-Spam Legislation (CASL) or other law. You are responsible for having consent for the commercial messages you send your customers.
• Upload malware, probe or break our security, or access another organization's data.
• Scrape, copy or resell the Services, or reverse engineer them except where the law allows.
• Overload the Services or interfere with other people's use of them.

7. AI Features

Some features use artificial intelligence to read documents you upload, draft text, sort requests and check photos. AI output can be wrong. Review it before you rely on it or send it to anyone. Quotes, invoices and messages you send are yours, whether or not AI helped draft them.

8. Weather and Storm Information

Weather forecasts, storm alerts and similar information in the Services come from third parties and are for planning only. Decisions about when to plow, salt, clear or send crews, and the service you owe your customers, remain yours.

9. Fees

The contractor office and the core service-proof features for buildings are free. Optional paid features, such as the ONE pack for buildings, cost what our pricing page shows when you subscribe, plus applicable taxes, and are billed through our payment processor. We will give you at least 30 days' notice before a price change takes effect for an existing subscription. Fees already paid are not refundable, except where the law requires.

If the Neufinity service network opens to you, any fee for network work will be set out in separate terms you accept before it applies.

10. Payments Between Contractors and Customers

A contractor's quotes and invoices are issued by that contractor, in its own name, to its own customers. Neufinity is not the seller of the contractor's services and is not responsible for collecting, refunding or disputing those amounts. Questions about work or charges go to the contractor.

11. Other Services We Rely On

The Services use third-party providers for things such as payments, email, text messages, maps and weather. Their own terms may also apply when you use those parts of the Services, and we are not responsible for services we do not control.

12. Changes and Features in Development

We improve the Services often and may change or remove features. Features labelled as a pilot, beta or coming soon may change or stop. We aim to keep the Services available but do not promise they will be uninterrupted or error-free. Keep your own copies of records you are required to keep; the Services include exports for that.

13. Intellectual Property

Neufinity owns the Services, including the software, design and brand, apart from Your Content. You may use the Services only as these Terms allow. If you send us feedback, we may use it without obligation to you.

14. Disclaimers

To the extent the law allows, the Services are provided "as is" and "as available", without warranties or conditions of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms limits rights you have under consumer protection law that cannot be waived.

15. Limitation of Liability

To the extent the law allows, Neufinity is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Neufinity's total liability for all claims relating to the Services is limited to the greater of the fees you paid Neufinity in the 12 months before the claim arose and CAD $100.

16. Indemnity

You agree to indemnify Neufinity against claims, losses and costs (including reasonable legal fees) arising from Your Content, the work you or your crews perform, your dealings with your customers, or your breach of these Terms or the law.

17. Suspension and Closing an Account

You may stop using the Services at any time. We may suspend or close an account that breaks these Terms, puts other users or the Services at risk, or where the law requires. Unless the law prevents it or the account was closed for abuse, we will give you a reasonable opportunity to export Your Content before we delete it. Sections 4, 10 and 13 to 19 survive the end of these Terms.

18. Changes to These Terms

We may update these Terms. For a material change, we will tell you by email or in the Services before it takes effect and, where the law requires, ask for your agreement again. The effective date at the top shows which version applies.

19. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. You and Neufinity agree to the exclusive jurisdiction of the courts of Ontario, except where consumer protection law gives you the right to bring a claim elsewhere.

20. Contact Us

Questions about these Terms: legal@neufinity.com, (289) 696-4304, Neufinity Inc., London, Ontario, Canada.