Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between JobLane Inc., a corporation incorporated under the laws of the Province of Ontario, Canada (“JobLane”, “we”, “us”), and the business on whose behalf an account is created (the “Customer”, “you”). By creating an account, clicking to accept, or using the Service, you accept these Terms. If you do not agree, do not use the Service.

JobLane is a business-to-business (B2B) software platform licensed for use by service contracting businesses — including HVAC, plumbing, electrical, and other field service companies — and their owners, employees, technicians, and other authorized users (“Authorized Users”). JobLane is not intended or offered for personal, household, or family use. You represent that you are entering into these Terms on behalf of a business, that you have authority to bind that business, that you are of the age of majority, and that your use of the Service is solely for commercial business purposes. You acknowledge that, because the Service is supplied for business use, consumer protection legislation applicable to consumer transactions does not apply to these Terms to the extent permitted by law.

JobLane provides field service management software, including lead and customer relationship tracking, job scheduling and dispatch, estimates and invoicing, payment recording, team management, communications tools, and related features (the “Service”).

The Service will evolve. We may add, modify, suspend, or remove features, impose or change usage limits, or discontinue the Service in whole or in part at any time. Where a change materially reduces the core functionality of your paid plan, your remedy is to cancel under Section 5. Features identified as beta, preview, or early access are provided strictly as-is, may be changed or withdrawn at any time, and are excluded from any commitments in these Terms. We do not promise that the Service will be uninterrupted, error-free, or available at any particular time, and we may perform maintenance with or without notice.

The person who creates a JobLane account is the account owner and is responsible for the business’s subscription and for managing which Authorized Users (for example, office staff or field technicians) are invited. You are responsible for keeping all login credentials confidential, for maintaining accurate account information, and for all activity that occurs under your account and the accounts of your Authorized Users, whether or not authorized by you. Notify us promptly of any suspected unauthorized access.

Every act or omission of an Authorized User is treated under these Terms as your act or omission.

JobLane is a tool that supports your business — it does not run your business, and we have no responsibility for it. As between you and JobLane, you are solely responsible for:

• Your field work and services — the quality, safety, legality, scheduling, and performance of the work your business does for its own customers, and all required trade licences, permits, certifications, and insurance;
• Your business documents and amounts — the accuracy and legal sufficiency of the estimates, quotes, invoices, prices, discounts, and tax rates and amounts you create or send using the Service. JobLane performs calculations from the data and settings you provide and does not verify their correctness or compliance with tax law;
• Your customer data — having the legal right, and any consents required by applicable privacy laws, to collect and store the personal information you and your Authorized Users enter into the Service about your own customers, and responding to privacy requests from those individuals;
• Messages you send — compliance with all laws that apply to communications you send or trigger through the Service (email, SMS, push, or otherwise), including Canada’s Anti-Spam Legislation (CASL), the U.S. TCPA and CAN-SPAM, and any telemarketing, consent, and do-not-call rules. You are responsible for obtaining valid consent from your recipients and honouring unsubscribe requests;
• Your team — compliance with employment, labour, workplace safety, and payroll laws applicable to your workers, including their classification as employees or contractors;
• Your records and backups — maintaining your own independent copies of any records you are required by law to retain (including tax and business records). The Service is not a system of record or backup service, and you should export your data regularly.

Subscriptions are billed to the business in advance on a recurring basis and renew automatically until cancelled. Fees are based on the plan and seat count your business selects. All fees are quoted exclusive of applicable taxes (including GST/HST/PST), which are added where required and are your responsibility (other than taxes on our income).

You can cancel at any time from Settings → Billing. Cancellation takes effect at the end of the current paid period. All fees are non-refundable and no refunds or credits are provided for partial periods, unused seats, or unused features, except where required by applicable law. We may change pricing with at least 30 days’ notice, effective at your next renewal. If a payment fails or is overdue, we may suspend or limit the Service until amounts owing are paid, and you are responsible for our reasonable costs of collecting overdue amounts.

Card payments — both your subscription payments to us and, where offered, payments you collect from your own customers — are processed by third-party payment processors (currently Stripe). Your use of payment features is also subject to the processor’s terms, and payouts may be subject to the processor’s identity verification, reserves, holds, and compliance requirements, which are outside our control.

JobLane is not a bank, payment processor, money services business, or escrow agent, and is not a party to any transaction between you and your customers. You are solely responsible for the goods and services you sell, for refunds, credits, chargebacks, and disputes with your own customers, and for any fees a processor charges in connection with them. Recording a payment in the Service does not guarantee that funds have settled.

You agree not to (and not to permit anyone to):

• Use the Service in violation of any law or the rights of any third party;
• Upload data you do not have the right to store or process, including another business’s confidential information, or any unlawful, infringing, or malicious content;
• Attempt to gain unauthorized access to other accounts, tenants, or systems; probe, scan, or test the vulnerability of the Service; or interfere with its integrity, security, or performance;
• Reverse engineer, decompile, copy, frame, or scrape the Service, or access it to build a competing product;
• Resell, sublicense, rent, or provide the Service to third parties as a standalone product without our written consent;
• Use the Service to send spam or messages without required consent, or in any high-risk activity where failure of the Service could lead to death, personal injury, or severe damage.

We may investigate suspected violations and may remove content or suspend access as described in Section 11.

Your business retains ownership of the customer records, jobs, invoices, and other content you enter into JobLane (“Business Data”). You grant us a worldwide, royalty-free licence to host, copy, process, transmit, and display Business Data as needed to provide, secure, support, and improve the Service, to comply with law, and to enforce these Terms. You can export your Business Data at any time while your subscription is active. See our Privacy Policy for how information is handled.

We may generate and use aggregated or de-identified data derived from use of the Service (data that does not identify you, your Authorized Users, or your customers) for any lawful purpose, including improving the Service and benchmarking, and we retain all rights in such data.

The Service depends on third-party providers — including payment processing, cloud hosting, database and storage infrastructure, content delivery, email and SMS delivery, push notification services, and mobile app distribution platforms. We are not responsible for, and have no liability arising from, the acts, omissions, outages, delays, data handling, or security of third-party providers, telecommunications carriers, or your own equipment, devices, or internet connectivity. Any third-party service you connect to JobLane is governed by your agreement with that third party.

JobLane and its underlying software, design, and branding are owned by JobLane Inc. and its licensors and are protected by intellectual property laws. These Terms grant your business a limited, non-exclusive, non-transferable, revocable right to use the Service for its internal business operations during your subscription — nothing here transfers ownership of our software or brand to you, and we reserve all rights not expressly granted.

If you send us suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction or obligation to you.

You may terminate at any time by cancelling your subscription. We may suspend or limit the Service immediately, with or without notice, if we reasonably believe (a) you have breached these Terms, (b) your use poses a security, legal, or reputational risk to us, the Service, or others, or (c) amounts owing are overdue. We may terminate these Terms for material breach, for non-payment, or on 30 days’ notice for any reason with a pro-rata refund of prepaid fees for the terminated period in that last case only.

Upon termination your right to access the Service ends. For 30 days after termination (except termination for your breach) we will make reasonable efforts to allow you to export your Business Data, after which we may delete it. Sections 4, 6, 8 (licence to aggregated data), 10, and 12 through 18 survive termination.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

Without limiting the above, we expressly disclaim all implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that data will not be lost or corrupted, or that any calculation, template, or output (including estimates, invoices, tax amounts, reports, and payroll or costing figures) is accurate, complete, or compliant with any law. The Service and its outputs do not constitute legal, tax, accounting, or other professional advice, and you use them at your own risk. No advice or information obtained from us creates any warranty not expressly stated in these Terms. Any statutory conditions or warranties that cannot be excluded are limited to the minimum extent and shortest duration permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF JOBLANE INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM AND (B) CAD $100.

To the same extent, we will not be liable for any indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages, or for any loss of profits, revenue, savings, business, goodwill, or data, loss of use, business interruption, or cost of substitute goods or services — even if advised of the possibility of such damages and even if a remedy fails of its essential purpose. These limitations apply to all causes of action, whether in contract, warranty, tort (including negligence), strict liability, statute, or otherwise, and the existence of more than one claim will not enlarge the cap. They do not apply to liability that cannot be excluded or limited under applicable law, such as liability arising from our fraud or wilful misconduct.

You acknowledge that the fees reflect this allocation of risk and that we would not provide the Service at these fees without these limitations, and that they form an essential basis of the bargain between the parties.

You will defend, indemnify, and hold harmless JobLane Inc. and its directors, officers, employees, contractors, and agents from and against any third-party claim, demand, proceeding, loss, damage, penalty, fine, cost, or expense (including reasonable legal fees) arising out of or relating to:

• Your Business Data, or our processing of it as instructed by you;
• Your use of the Service, or any breach of these Terms by you or your Authorized Users;
• The services or products your business provides to its own customers, or any dispute between you and your customers, workers, or partners;
• Your violation of any law, including privacy, anti-spam (CASL), telemarketing, consumer protection, tax, or employment laws;
• Taxes for which you are responsible, and related penalties or interest.

We will notify you of any such claim and may participate in the defence with our own counsel. You may not settle a claim in a way that imposes obligations on us without our written consent.

To the extent permitted by law, any claim by you arising out of or relating to these Terms or the Service must be commenced within 12 months after the day you first knew or reasonably ought to have known of the claim, failing which the claim is permanently barred. The parties agree that these Terms are a “business agreement” and that this section varies the basic limitation period under the Limitations Act, 2002 (Ontario), as permitted by that Act.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts of the Province of Ontario sitting in Toronto, and each party irrevocably attorns to the exclusive jurisdiction of those courts. Nothing prevents us from seeking injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or the security of the Service.

To the maximum extent permitted by applicable law, each party waives any right to (a) participate in a class, collective, consolidated, or representative proceeding against the other, and (b) trial by jury. All claims must be brought in the parties’ individual capacity only.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labour disputes, government action, power or telecommunications failures, denial of service or other attacks, or failures of third-party providers or infrastructure.

• Entire agreement. These Terms, together with the Privacy Policy and any order or plan selection, are the entire agreement between the parties and supersede all prior discussions.
• Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and, if necessary, reformed to best reflect its intent; the remainder stays in effect.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, reorganization, or sale of assets.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Independent contractors. The parties are independent contractors; these Terms create no partnership, joint venture, agency, or employment relationship.
• No third-party beneficiaries — except that the persons indemnified in Section 14 and protected in Section 13 may rely on those sections.
• Notices. We may give notice by email to the account owner’s address on file or by in-app notice; notices to us go to the contact address in Section 20.
• Language. The parties have required that these Terms and all related documents be drawn up in English.

We may update these Terms from time to time. If we make material changes, we will notify account owners by email or in-app notice before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms; if you do not agree, your remedy is to cancel before they take effect.

JobLane Inc., Ontario, Canada. Questions about these Terms? Reach us at hello@serviceos.com.