Terms of Service

1. Acceptance of Terms

By accessing or using QuoTrak ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service. These Terms apply to all visitors, users, and others who access the Service.

We may update these Terms from time to time. We will notify you of significant changes by email or by posting a notice within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

2. Description of Service

QuoTrak is a cloud-based quoting, invoicing, and business management platform designed for trade contractors. The Service includes quote creation, invoice management, customer records, template libraries, PDF exports, tools for collecting payments from your customers through your own Stripe account, and related features.

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. User Accounts & Eligibility

To use the Service, you must create an account. You must be at least 18 years old and have the legal capacity to enter into a binding contract. By creating an account, you represent that all information you provide is accurate and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or use of your account. QuoTrak is not liable for any loss or damage arising from your failure to keep your credentials secure.

You may not create an account on behalf of another person without their authorization, or use the Service if you have previously been terminated from the Service by QuoTrak.

4. Subscription & Billing

QuoTrak offers a free plan and paid subscription plans. Paid plan fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are stated in the currency displayed at checkout and are non-refundable except where required by applicable law.

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription or downgrade to the free plan at any time from your account settings. Cancelling or downgrading takes effect at the end of the current billing period: you will retain access to paid features until that date, and your account then moves to the free plan. Fees for a billing period that has already started are not refunded, in whole or in part, including if you cancel partway through a monthly or annual period, except where required by applicable law.

We reserve the right to change subscription fees at any time. We will provide at least 30 days' notice before any price change takes effect. Your continued use of the Service after a price change constitutes your acceptance of the new fees.

Subscription payments are processed by Stripe. By subscribing, you also agree to Stripe's Terms of Service and Stripe's Privacy Policy. QuoTrak does not store your full payment card details.

5. Accepting Online Payments From Your Customers

If you turn on online payments, your customers pay you through your own Stripe account, which you connect to QuoTrak. Your Stripe account, and every payment made to it, is governed by your own agreement with Stripe, including the Stripe Services Agreement and the Stripe Connected Account Agreement. QuoTrak is not a party to that agreement, is not a payment processor or money transmitter, and never receives, holds, or controls the money your customers pay you.

You are the merchant. You are the seller of record for every payment your customers make, and you are solely responsible for the work you invoice, for refunds, disputes, and chargebacks, for Stripe's fees, for any negative balance on your Stripe account, for receipts and taxes, and for complying with the laws that apply to your business and to taking payments, including consumer protection laws. Your customers' questions and complaints about a payment are for you to resolve.

What you allow QuoTrak to do. By connecting your Stripe account, you authorize QuoTrak to act on it for you to: create checkout pages for your invoices; charge a customer's saved payment method for a recurring invoice when you have turned on automatic charges; read the status of your payments and of your account so QuoTrak can mark invoices paid; and stop when you disconnect. You can disconnect at any time in QuoTrak's Settings or from your Stripe Dashboard. You are responsible for having your customer's permission before you charge a payment method they saved.

Fees. QuoTrak does not currently charge a fee on payments your customers make to you. Stripe charges its own processing fees, which come out of your Stripe account. We will give you at least 30 days' notice before adding any QuoTrak fee on payments.

Who can use online payments. You may only connect a Stripe account that belongs to you or to the business you are authorized to act for, and only take payments for genuine work or goods you have provided, or will provide, to that customer. You may not use online payments for any business or activity that Stripe prohibits or restricts (see Stripe's prohibited and restricted businesses), or for any purpose that is unlawful or fraudulent. We may ask for information about your business, and we may refuse, limit, suspend, or turn off online payments for any account at our discretion, including if Stripe restricts your account or we suspect fraud or misuse.

Amounts and records. Payment amounts are worked out from the invoices you create. You are responsible for checking that each invoice, including its amount, taxes, discounts, and currency, is correct before you send it or turn on automatic charges. If a customer is charged the wrong amount, refunds and corrections are made in your Stripe account. The payment status QuoTrak shows comes from Stripe and may be delayed; your Stripe Dashboard is the record of what was actually paid.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Upload or transmit any content that is unlawful, harmful, defamatory, or fraudulent.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any portion of the Service or its related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse-engineer, decompile, or disassemble any portion of the Service.
• Use the Service to send unsolicited commercial messages (spam).
• Collect or harvest any personally identifiable information from the Service without permission.
• Take payments for anything other than genuine work or goods, or for any business Stripe prohibits or restricts.

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these acceptable use provisions.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of QuoTrak and its licensors. Our trademarks, trade dress, and logos may not be used in connection with any product or service without our prior written consent.

You retain ownership of any data and content you upload or create within the Service ("User Content"). By uploading User Content, you grant QuoTrak a limited, worldwide, royalty-free license to store, process, and display your User Content solely as necessary to provide the Service to you.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.

9. Financial Disclaimer

QuoTrak does not guarantee the accuracy of any estimates, quotes, pricing, or other financial data generated through the Service. All figures produced by the Service are provided for informational purposes only and may not reflect actual costs, market rates, or final project values.

You are solely responsible for verifying all financial data before relying on it for any business decision, client agreement, or other purpose. QuoTrak shall not be liable for any loss, damage, or expense arising from your reliance on estimates or pricing generated through the Service.

10. Email Communications

You are solely responsible for all emails and other communications sent through the Service on your behalf, including but not limited to quotes, invoices, and notifications delivered to your customers. You agree to comply with all applicable anti-spam laws and regulations, including the Canadian Anti-Spam Legislation (CASL) and any other laws applicable to your jurisdiction.

QuoTrak does not guarantee the delivery of any email communications sent through the Service and shall not be liable for any damages arising from delivery failures, delays, or any other issues related to email transmission.

11. Data & Backups

QuoTrak does not guarantee the preservation, retention, or recovery of any data you store within the Service. While we take reasonable measures to maintain the availability of the Service and your data, data loss may occur due to technical failures, errors, or other unforeseen circumstances.

You are solely responsible for maintaining your own backups of any data, content, or records you store within the Service. QuoTrak shall not be liable for any loss or damage resulting from the loss of your data.

12. Termination

QuoTrak may suspend or terminate your account and access to the Service at any time, without notice, for any reason, including but not limited to suspected abuse of the Service, violation of these Terms, conduct that poses a risk to the platform, other users, or third parties, or any other reason at our sole discretion.

Upon termination, your right to access and use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

QuoTrak does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. Continuous or uninterrupted access to the Service is not guaranteed. We do not warrant the accuracy, completeness, or usefulness of any content available through the Service.

The Service does not provide accounting, financial, legal, or tax advice. Nothing within the Service should be construed as professional advice of any kind. You should consult qualified professionals for advice specific to your circumstances.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUOTRAK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF QUOTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles. You hereby submit to the exclusive jurisdiction of the courts of Saskatchewan, Canada for the resolution of any disputes arising out of or relating to these Terms or the Service.

16. Changes to These Terms

We reserve the right to update these Terms at any time. When we do, we will revise the "Effective date" at the top of this page and, where the changes are material, notify you by email or in-app notice. We encourage you to review these Terms periodically.

17. Indemnification

You agree to indemnify, defend, and hold harmless QuoTrak, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, payments your customers make to you and any refunds, disputes, or chargebacks on them, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

18. Force Majeure

QuoTrak shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of such a force majeure event, our obligations will be suspended for as long as the force majeure event continues.

19. Contact

If you have any questions about these Terms, please contact us at support@quotrak.com.