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InstallPROOF Inc. — Sherwood Park, Alberta, Canada
Legal notices: david@installproof.com
These Terms of Service ("Terms") constitute a legally binding agreement between InstallPROOF Inc., a corporation incorporated under the laws of Alberta, Canada ("InstallPROOF," "we," "us," or "our"), and the individual or entity accessing or using the InstallPROOF platform ("User," "you," or "your").
These Terms govern access to and use of the InstallPROOF mobile application, web platform, and any associated services (collectively, the "Platform"). The Platform provides a digital documentation and record-keeping system for flooring and related trade installations.
Acceptance by Organization: If you are accessing the Platform on behalf of a company, contractor, retailer, distributor, or other organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to that organization.
Users must register for an account to access the Platform. You agree to provide accurate, current, and complete information during registration and to update that information to keep it accurate. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
Account Holders may authorize Installers as users under their account. Account Holders are responsible for the actions of all Installers authorized under their account. InstallPROOF reserves the right to suspend or terminate any account for violation of these Terms.
You must be at least 18 years of age and legally capable of entering into binding contracts to use the Platform. The Platform is intended for commercial and professional use in the trades and construction industries.
The Platform provides system-level administrative verification of Installation Records. This means the Platform automatically captures and records the following attributes at the time of submission:
This system-level verification creates a tamper-evident record of when, where, and by whom data was entered into the Platform. It does not constitute verification of the accuracy, completeness, or truthfulness of the underlying content submitted.
InstallPROOF does not independently verify, inspect, audit, certify, or warrant the accuracy of any Installation Record, measurement, reading, photograph, product specification, or narrative submitted by Users. The Platform is a record-keeping tool, not an inspection or certification service.
The probative value of any Installation Record in any legal, regulatory, insurance, or warranty proceeding is solely determined by the completeness, accuracy, and integrity of the information submitted by the User. InstallPROOF makes no representations regarding the legal weight of any record in any proceeding.
Users are solely responsible for the accuracy, completeness, and truthfulness of all data, measurements, photographs, and information submitted to the Platform. Submission of false, misleading, or fraudulent information through the Platform may constitute a violation of these Terms and applicable law. InstallPROOF reserves the right to terminate accounts and report suspected fraud to applicable authorities.
InstallPROOF Inc. owns all right, title, and interest in and to Platform Data, including but not limited to:
You retain ownership of the underlying content you submit as User Data (e.g., your project photographs, written narratives, and measurement entries). By submitting User Data to the Platform, you grant InstallPROOF Inc. a worldwide, non-exclusive, royalty-free, sublicensable license to:
This license does not permit InstallPROOF to sell identifiable User Data to third parties without your explicit consent, except as required by law or as set out in our Privacy Policy.
The InstallPROOF name, logo, trademarks, platform design, and all associated intellectual property are the exclusive property of InstallPROOF Inc. Nothing in these Terms grants you any right to use InstallPROOF's intellectual property without prior written consent.
Upon termination of your account, InstallPROOF will retain Platform Data as defined herein. You may request an export of your User Data within 30 days of account termination by contacting admin@installproof.com. After 30 days, InstallPROOF is not obligated to retain individually accessible User Data, though aggregated and anonymized derived data will be retained indefinitely.
The collection, use, and disclosure of personal information through the Platform is governed by the InstallPROOF Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy describes how InstallPROOF handles personal information in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation.
By using the Platform, you consent to the collection and use of information in accordance with the Privacy Policy. If you are an Account Holder authorizing Installers on your account, you represent and warrant that you have obtained all necessary consents from those individuals for the collection and use of their information as described in the Privacy Policy.
The Platform is licensed for commercial use in the flooring and construction trades industry for the purpose of documenting installations, managing records, and facilitating communication between installers, retailers, distributors, and manufacturers.
You agree not to:
Access to certain Platform features requires a paid subscription. Current pricing tiers are available at installproof.com. InstallPROOF reserves the right to modify pricing with 30 days written notice to Account Holders. Continued use of the Platform after a price change takes effect constitutes acceptance of the new pricing.
All fees are in Canadian dollars unless otherwise specified. Subscription fees are billed in advance on a monthly or annual basis, as selected at time of purchase. Fees are non-refundable except as required by applicable law or as explicitly stated in a separate written agreement.
Pilot program participants are governed by the terms of their executed Statement of Work or Letter of Intent, which may supersede the pricing terms in this section for the duration of the pilot period.
You agree to indemnify, defend, and hold harmless InstallPROOF Inc. and its officers, directors, employees, contractors, and advisors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) User Data you submit to the Platform; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.
These Terms are effective upon your first use of the Platform and remain in effect until your account is terminated. Either party may terminate an account with 30 days written notice. InstallPROOF may suspend or immediately terminate your account without notice for material breach of these Terms, including submission of fraudulent records, non-payment, or conduct that poses a risk to the Platform or other users.
Upon termination, your right to access the Platform ceases immediately. Sections 4 (Nature of Platform Records), 5 (Data Ownership), 9 (Limitation of Liability), 11 (Governing Law), and 12 (Dispute Resolution) survive termination of these Terms.
These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Alberta for the resolution of any dispute arising out of or relating to these Terms or your use of the Platform.
In the event of a dispute arising out of or relating to these Terms, the parties agree to first attempt resolution through good faith negotiation. If the dispute is not resolved within 30 days of written notice, the parties agree to submit the dispute to non-binding mediation before pursuing litigation. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.
InstallPROOF reserves the right to modify these Terms at any time. Material changes will be communicated to Account Holders via email or in-platform notification at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of modified Terms constitutes acceptance of the changes. If you do not agree to modified Terms, you must stop using the Platform and may terminate your account.
Questions about these Terms? Contact us at david@installproof.com