Terms of Service and Disclaimer of Liability

1. What AbodeKeep is, and what it is not

AbodeKeep is an organization and information tool for homeowners and the people who work on homes. It helps you record what is in your home, plan maintenance, prepare renovation projects, estimate costs, draft documents and find people who may be able to help.

AbodeKeep is NOT an engineer, architect, designer, contractor, home inspector, lawyer, insurer, lender, municipality or building department, and does not act as any of these. Nothing on the Platform is professional advice. Estimates, drawings, code-compliance drafts, permit checklists, energy figures, plant and lot information, maintenance schedules and every other output are aids to your own judgement, produced in part by automated systems that can be wrong, incomplete or out of date.

Before you rely on anything the Platform produces, you must verify it with a qualified professional, the applicable building code, your municipality and your own contract documents. A drawing or report produced by the Platform is not a permit application and is not stamped by a licensed professional unless a licensed professional you engaged has expressly stamped it.

2. You use the Platform at your own risk

The Platform is provided "as is" and "as available". You decide whether and how to act on anything you see on it, and you carry the consequences of those decisions. To the fullest extent permitted by applicable law, you assume all risk arising from your use of the Platform, including the risk that information is inaccurate, that a feature is unavailable, that an estimate is wrong, that a document is rejected by a third party, and that work done on your home by anyone you found or engaged through the Platform is defective, unsafe, unlicensed, uninsured or incomplete.

3. Contractors, engineers, suppliers and other third parties

The Platform may let you find, contact, hire, pay or exchange documents with contractors, engineers, designers, suppliers, retailers and other independent third parties ("Providers"). Every Provider is independent of AbodeKeep. We are not their employer, partner, agent, guarantor or insurer, and they are not ours.

Any contract for goods or services is made directly between you and the Provider. AbodeKeep is not a party to that contract, does not perform the work, does not supervise it, does not inspect it and does not guarantee its quality, safety, timing, price, legality, permit status or completion. AbodeKeep is not responsible for any Provider's acts, omissions, statements, licences, insurance, qualifications, conduct, invoices, disputes, warranties or failure to deliver.

Where the Platform shows a licence number, professional designation, verification badge, rating, review or "verified" status, that is only a record of what the Provider declared or what a document appeared to show on the day it was checked. It is not a warranty and it is not ongoing monitoring. You are responsible for your own checks before you hire anyone, including confirming licences, insurance, references and WSIB coverage where applicable.

Any dispute about a Provider's work, price, conduct or contract is between you and that Provider. To the fullest extent permitted by law, you release AbodeKeep from every claim, demand and damage of every kind arising out of or connected with any Provider or any contract with a Provider.

4. Your responsibilities

You agree that you will:

• give accurate and complete information, and keep it up to date;
• obtain every permit, approval, inspection and professional sign-off that the law and your municipality require, before work begins;
• verify any measurement, estimate, drawing, schedule, code reference, energy figure or recommendation before relying on it;
• keep your own copies of any document that matters to you (the Platform is not a system of record or a backup service);
• keep your sign-in details confidential and tell us at once if you believe your account has been used without permission;
• use the Platform only for lawful purposes and only for your own home, your own business or a home you are authorized to manage;
• not upload content you do not have the right to share, and not upload another person's personal information without their consent;
• not attempt to probe, disrupt, scrape, reverse-engineer or overload the Platform, or to access another person's data.

5. Disclaimer of warranties

To the fullest extent permitted by applicable law, AbodeKeep makes no representation, warranty or condition of any kind, express or implied, statutory or otherwise, about the Platform or anything produced through it, including any warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, accuracy, completeness, timeliness, availability, security or freedom from error. We do not warrant that the Platform will meet your needs, that it will operate without interruption, that defects will be corrected, or that any result you obtain will be accepted by any municipality, inspector, insurer, lender or Provider.

6. Limitation of liability

To the fullest extent permitted by applicable law, AbodeKeep, its owner, staff, contractors and suppliers will not be liable to you or to anyone else for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, savings, data, goodwill or opportunity, or for the cost of substitute goods or services, or for any property damage, personal injury or loss caused by a Provider or by work done on a home, arising out of or connected with the Platform or these Terms, however caused and on any theory of liability, even if we were told such damages were possible.

To the fullest extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or connected with the Platform or these Terms will not exceed the greater of (a) one hundred Canadian dollars (CAD $100) and (b) the total fees you paid to AbodeKeep for the Platform in the twelve months before the event giving rise to the claim.

These limits apply together and to every cause of action, whether in contract, tort (including negligence), breach of statutory duty or otherwise. They are an essential basis of the bargain: the Platform would not be offered on these terms, or at this price, without them.

7. Rights the law does not let us exclude

Some laws do not allow certain warranties to be excluded or certain liability to be limited. If you are a consumer, nothing in these Terms takes away a right that applicable consumer-protection law gives you and does not allow you to waive. This includes, where they apply, the Consumer Protection Act, 2002 (Ontario), the Consumer Protection Act (Quebec), and the Civil Code of Quebec, under which a business cannot exclude its liability for bodily or moral injury caused to another, or for its own intentional or gross fault. Where such a law applies, Sections 5 and 6 apply only to the extent that law permits, and everything else in these Terms remains in effect.

8. Indemnity

To the extent permitted by applicable law, you will defend, indemnify and hold harmless AbodeKeep, its owner, staff, contractors and suppliers from every claim, loss, liability, damage, cost and expense (including reasonable legal fees) brought by any third party and arising out of or connected with your use of the Platform, your content, your breach of these Terms, your violation of any law or of anyone's rights, any work done on a home you own or manage, or any contract or dispute between you and a Provider.

9. Your account

You must be at least 18 years old and able to enter into a binding contract to hold an account. You are responsible for everything done through your account. If you invite household members, contractors or others into your home's workspace, you are responsible for what you choose to share with them. We may suspend or close an account that breaches these Terms, that we reasonably believe is being used fraudulently or unlawfully, or that puts other people or the Platform at risk.

10. Your content and your data

You keep ownership of the photos, documents, measurements, notes and other material you put on the Platform ("Your Content"). You give AbodeKeep a worldwide, non-exclusive, royalty-free licence to store, copy, process, display and transmit Your Content only as needed to operate, secure, support and improve the Platform for you and the people you choose to share it with. You confirm that you have the right to grant that licence. We handle personal information in accordance with our Privacy Policy and with the Personal Information Protection and Electronic Documents Act (Canada) and any applicable provincial privacy law. The Platform uses automated and AI-assisted processing to produce some outputs; those outputs can contain errors and you are responsible for reviewing them.

11. Prices, subscriptions and payments

Some features may be offered for a fee or under a subscription. The price, billing period, renewal and cancellation terms will be shown to you before you buy, and those terms form part of these Terms. Where the law gives you a cooling-off or cancellation right for a distance or internet agreement, that right is not affected by these Terms. Payments to Providers, where the Platform offers that, are processed by an independent payment processor under its own terms; AbodeKeep does not hold your card details and is not a bank, escrow agent, trust company or money-services business.

12. Changes to the Platform and to these Terms

We may change, suspend or withdraw any part of the Platform at any time, including free features. We may update these Terms. When we do, the version number and effective date at the top will change, and you will be asked to accept the new version before continuing to use the Platform. If you do not accept, you may stop using the Platform and close your account; the version you last accepted continues to govern your earlier use. You may close your account at any time from Settings.

13. Our intellectual property

The Platform, its software, design, text, templates, data models and trade marks (including AbodeKeep) belong to Maple Pride Handyman or its licensors. We grant you a personal, limited, revocable, non-transferable licence to use the Platform in accordance with these Terms. Building-code content, municipal data and third-party materials shown on the Platform remain the property of their respective owners and may be subject to their own terms, including Crown copyright.

14. Governing law and where disputes are heard

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Subject to the next sentence, you and we agree that the courts of Ontario have exclusive jurisdiction over any dispute arising out of or connected with these Terms or the Platform. If you are a consumer and the law where you live gives you the right to bring a claim in the courts of your own province, or to have that province's law apply, these Terms do not take that right away. Nothing in this section prevents either of us from seeking an injunction or other urgent relief in any court that has jurisdiction.

15. Language

These Terms are offered in English and in French, and you may choose the language in which you read and accept them. The two versions are intended to have the same meaning. If you are in Quebec, the French version prevails in any conflict. Otherwise, the version you accepted prevails, and if there is still a conflict, the English version prevails. Les présentes conditions vous ont été offertes en français; vous pouvez les lire et les accepter dans la langue de votre choix.

16. General terms

These Terms, together with the Privacy Policy and any purchase terms shown to you at the time of purchase, are the whole agreement between you and AbodeKeep about the Platform. If any part of these Terms is held invalid or unenforceable, that part is limited or removed to the minimum extent necessary and the rest stays in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms; we may assign them to a successor of the business on notice to you. Sections 2, 3, 5, 6, 7, 8, 13, 14 and 16 survive the closing of your account. Notices to you may be sent to the email address on your account.

17. Contact

AbodeKeep is operated by Maple Pride Handyman, Ontario, Canada. Questions about these Terms: [email protected].