Terms of Service
These terms govern the supply and use of SmrtWare, business software for construction and trades companies published by SMRTQ SOLUTIONS LIMITED, an Ontario corporation trading as smrtQ ("we", "us"). "You" means the company that uses SmrtWare, and anyone using it on that company's behalf.
1. What SmrtWare is
SmrtWare records a company's books, jobs, estimates and payroll: invoicing with the sales tax of the company's jurisdiction, job costing against budget and commitment, progress billing, change orders, estimating from vendor quotes, and payroll posted to the books.
It is supplied as an isolated instance per company — your data lives in your own instance, never in a pool shared with other customers. An instance runs either on hardware you control or on hosting we arrange for you.
2. Accepting these terms
By using SmrtWare you accept these terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it. If you do not accept them, do not use the software.
3. Your right to use it
We grant you a non-exclusive, non-transferable right to use SmrtWare for your own business for as long as your agreement with us is in force. You may not sublicense it, resell it, or make it available to a third party as a service. You may not remove our attribution, reverse-engineer the software except to the extent the law permits despite this term, or use it to build a competing product.
4. Your data is yours
We claim no ownership of anything you put into SmrtWare. Your books, your customers, your prices and your payroll remain yours.
- Where we host your instance, we process your data only on your documented instructions and only to provide and support the software.
- We do not use your data for our own purposes, and we do not use it to train models.
- You can export your data at any time in an open format, and we will help if you ask.
- How personal information is handled, and the rights of the people it describes, are set out in our Privacy Policy, which forms part of these terms.
You are responsible for the accuracy and lawfulness of what you record, and for having a lawful basis to hold information about your own employees, customers and suppliers.
5. Acceptable use
You must not use SmrtWare to break the law, to store material you have no right to hold, to attack or interfere with our systems or another customer's instance, or to circumvent a security or licensing control. Where we host your instance we may suspend it if continuing would put our systems or another customer at risk; we will tell you why and restore service as soon as the risk is resolved.
6. Availability, and what we do not promise
Where you run SmrtWare on your own hardware, its availability is in your hands.
Where we host it, we will use reasonable care to keep it available, but we do not offer an uptime guarantee unless we have signed one with you separately. We may take a service down for maintenance and will give reasonable notice where we can.
SmrtWare is accounting software, not an accountant. It computes figures from what you enter. It does not give tax, accounting, legal or financial advice, and it does not file anything on your behalf. Statutory obligations — the accuracy of a tax return, an e-invoicing submission, a payroll remittance, a construction holdback — remain yours, and you should have a qualified professional review your figures before you rely on them.
7. Fees
Where fees apply, they are those set out in the written order or quotation between us. Unless that document says otherwise, fees exclude taxes, are payable within 30 days of invoice, and are not refundable for a period already used.
8. Intellectual property
SmrtWare, its source code, its design and its name remain ours and our licensors'. Nothing in these terms transfers ownership of them to you. Feedback you give us we may use freely to improve the product, without obligation to you and without any claim over your own data.
9. Warranties and liability
We provide SmrtWare with reasonable skill and care. Beyond that, and to the extent the law allows, it is provided "as is" without further warranty.
Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings. Our total liability arising from these terms in any twelve-month period is limited to the fees you paid us in that period, or CAD 100 if you paid nothing.
Nothing here limits liability that cannot lawfully be limited — including death or personal injury caused by negligence, fraud, and any statutory rights a consumer or a party in your jurisdiction has that cannot be excluded by contract.
10. Term, ending it, and getting your data out
These terms run until either of us ends the agreement. You may end it at any time. We may end it on 30 days' written notice, or immediately if you materially breach these terms and do not fix the breach within 14 days of being asked.
When it ends, you keep whatever is on hardware you control. Where we hosted your instance, we will make your data available for export for 60 days, and after that we will delete it and its backups on the schedule in our Privacy Policy. Say so in writing if you want it deleted sooner.
11. Confidentiality
Each of us will keep the other's non-public information confidential, use it only for the purpose it was shared, and protect it with at least the care we use for our own. This does not cover information that is public through no fault of the receiver, was already known to them, or must be disclosed by law — and in that last case the receiver will tell the other party first where it is lawful to do so.
12. Governing law and disputes
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, and the courts of Ontario have jurisdiction.
Where you are a business established in the European Economic Area, the United Kingdom or Saudi Arabia, this choice does not deprive you of the protection of any mandatory provision of your own local law, and a claim your local law requires to be brought locally may be brought there.
13. General
- If a term is unenforceable, the rest stands.
- Neither of us is liable for a failure caused by something genuinely outside our control.
- You may not transfer your rights under these terms without our consent, which we will not unreasonably withhold; we may transfer ours to a company that takes over this business.
- These terms, with the Privacy Policy and any order or quotation between us, are the whole agreement on this subject.
- If we change these terms we will update the effective date above and, for a material change, give you reasonable notice.
14. Contact
SMRTQ SOLUTIONS LIMITED, Ontario, Canada
contact@smrtq.ca ·
privacy matters: privacy@smrtq.ca