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Terms of Service

InstallPROOF Inc. — Sherwood Park, Alberta, Canada

Legal notices: david@installproof.com

1. Parties and Scope

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.

2. Definitions

  • "Platform" means the InstallPROOF mobile application, web interface, APIs, and all associated services provided by InstallPROOF Inc.
  • "Installation Record" means any data, photographs, measurements, readings, narratives, or documentation submitted by a User through the Platform relating to an installation project.
  • "User Data" means all data, content, and information submitted by or on behalf of a User to the Platform, including Installation Records.
  • "Platform Data" means all data generated by, derived from, or processed by the Platform, including aggregated data, anonymized data, usage analytics, metadata, system-generated timestamps, geolocation data, and device identifiers.
  • "Installer" means an individual trade professional using the Platform to document installation work.
  • "Account Holder" means a retailer, dealer, distributor, or other business entity that has established an account and authorized Installer access to the Platform.

3. Account Registration and Access

3.1 Account Creation

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.

3.2 Authorized Users

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.

3.3 Eligibility

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.

4. Nature of Platform Records — Administrative Verification

4.1 System-Level Administrative Verification

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:

  • Timestamp — the date and time of record creation as recorded by the Platform server
  • Geolocation — GPS coordinates captured from the submitting device at time of submission
  • Device Identification — the unique identifier of the device used to submit the record
  • User Account — the authenticated account associated with the submission
  • Submission Sequence — the order in which records, photographs, and data fields were completed

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.

4.2 No Independent Content Verification

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.

4.3 User Responsibility for Submitted Data

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.

5. Data Ownership and Intellectual Property

5.1 Ownership of Platform Data

InstallPROOF Inc. owns all right, title, and interest in and to Platform Data, including but not limited to:

  • Aggregated and anonymized usage data and analytics
  • System-generated metadata including timestamps, geolocation records, and device identifiers captured by the Platform
  • Database structures, algorithms, software, interfaces, and underlying technology of the Platform
  • Derived data, reports, benchmarks, or insights produced from the processing of User Data

5.2 User Data — License Grant

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:

  • Store, process, and transmit User Data to provide and operate the Platform
  • Aggregate and anonymize User Data for Platform improvement, analytics, and product development
  • Use User Data to generate Platform Data as defined in Section 2

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.

5.3 Platform Intellectual Property

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.

5.4 Data Upon Account Termination

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.

6. Privacy and Personal Information

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.

7. Acceptable Use

7.1 Permitted Use

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.

7.2 Prohibited Conduct

You agree not to:

  • Submit false, fraudulent, or misleading installation records
  • Impersonate another person, installer, or entity
  • Access or attempt to access accounts or data belonging to other users
  • Reverse-engineer, decompile, or attempt to extract source code from the Platform
  • Use the Platform for any purpose that violates applicable laws or regulations
  • Introduce malicious code, scripts, or automated tools that interfere with Platform operation
  • Use Platform Data or User Data for competitive intelligence or to build a competing product
  • Scrape, harvest, or systematically extract data from the Platform

8. Fees, Subscriptions, and Payment

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.

9. Disclaimer of Warranties and Limitation of Liability

9.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLPROOF INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

INSTALLPROOF DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES. INSTALLPROOF DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR LEGAL SUFFICIENCY OF ANY INSTALLATION RECORD GENERATED THROUGH THE PLATFORM.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLPROOF INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, INCLUDING DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL.

IN NO EVENT SHALL INSTALLPROOF'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO INSTALLPROOF IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

9.3 Indemnification

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.

10. Term and Termination

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.

11. Governing Law

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.

12. Dispute Resolution

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.

13. Modifications to These Terms

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.

14. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and any executed Statement of Work or Letter of Intent, constitute the entire agreement between you and InstallPROOF Inc. with respect to the subject matter herein.
  • Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Failure by InstallPROOF to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in the future.
  • Assignment: You may not assign these Terms or your account without InstallPROOF's prior written consent. InstallPROOF may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets.
  • Notices: Legal notices to InstallPROOF should be sent to: InstallPROOF Inc., Attn: Legal, david@installproof.com. Notices to users will be sent to the email address associated with the account.

Questions about these Terms? Contact us at david@installproof.com