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Terms of Use

Last updated: October 5, 2026Terms Version: 2026-10-05-v1

These Terms of Use govern access to and use of the ContractorCaptain website, public demonstrations, digital tools, AI-powered features, and other website-based services made available by ContractorCaptain AI Inc. They also apply, where presented or linked in connection with the applicable functionality, to ContractorCaptain-powered assistants, chat widgets, forms, lead-intake tools, and other ContractorCaptain functionality embedded on, accessed through, or made available from a ContractorCaptain client website. References to “ContractorCaptain,” “we,” “us,” or “our” mean ContractorCaptain AI Inc.

For purposes of these Terms, a “Client” means a contractor, service business, or other business that uses ContractorCaptain Services; an “End Customer” means an individual or organization that communicates or interacts with a Client through the Services or whose information is processed through the Services in connection with the Client’s business; “Client Data” means information submitted to or generated through a Client’s use of the Services that relates specifically to that Client or its End Customers, excluding ContractorCaptain’s proprietary technology and de-identified or aggregated service information; “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with ContractorCaptain; “Protected Parties” means ContractorCaptain and its current and former Affiliates, shareholders, directors, officers, employees, personnel, contractors, licensors, suppliers, and service providers, in each case to the extent involved in providing, supporting, securing, financing, or enabling the Services; “Services” means the ContractorCaptain website, public demonstrations, digital tools, AI-powered features, and ContractorCaptain-powered functionality described in these Terms, including where embedded on a Client website; “Order Form” means an order form, Service Order, electronic signup record, or similar accepted document describing paid Services; “Authorized User” means a person a Client authorizes to use its ContractorCaptain account; and “Third-Party Service” means an independently operated provider, account, application, platform, infrastructure service, communications service, payment service, or other third-party technology used by, integrated with, or connected to ContractorCaptain. References to a “client” have the same meaning as “Client.”

By accessing or using the website or Services, you agree to these Terms of Use. If you do not agree with these Terms, you should not use the website or Services. Our Privacy Policy describes how ContractorCaptain collects, uses, discloses, protects, stores, and otherwise manages personal information. Certain paid ContractorCaptain services are governed by a separate Master Services Agreement, Order Form, subscription agreement, proposal, statement of work, or other written or electronically accepted agreement. Where such an agreement applies, that agreement exclusively governs the paying Client’s paid subscription and paid Services. These Terms do not supplement that agreement or create additional warranties, obligations, liabilities, or remedies concerning the paid relationship, although these Terms may separately govern the Client’s use of a public website, demonstration, or free tool outside the paid Services and may govern an End Customer as described below.

1. About ContractorCaptain

ContractorCaptain provides software, artificial-intelligence, automation, communication, lead-management, website, and related digital technology services primarily for contractors and service businesses. Services may include AI-powered website assistants, customer intake and lead qualification, lead capture, dashboards, estimate, quote and invoice tools, notifications, messaging, integrations, automation, consulting, and related technology services. The availability and functionality of particular Services may change over time.

2. Eligibility and Authority

You may use the website and Services only if you have the legal capacity required for the applicable activity in your jurisdiction. If you submit information on behalf of another person or organization, you represent that you have appropriate authority to do so. If you access or use ContractorCaptain on behalf of a corporation, partnership, organization, or other business, you represent that you have authority to act for that organization in connection with your use of the Services. Paid business customers may be subject to additional eligibility, account, payment, and authorization requirements under the applicable client agreement or Order Form.

2.1 Electronic Acceptance

Where ContractorCaptain presents a checkbox, button, electronic signature field, or similar control that expressly references these Terms, selecting or activating that control constitutes electronic acceptance of these Terms. ContractorCaptain may create and retain electronic records reasonably evidencing acceptance, including the applicable Terms version or document identifier, a hash or checksum where used, date and time, account, contact, client, offer, order, transaction, or session identifiers, Internet Protocol address, browser, device or user-agent information, the acknowledgement or checkbox presented, and the action used to confirm acceptance. Records may be stored separately and used as evidence to the extent permitted by law. The absence of one particular record does not by itself invalidate otherwise valid acceptance. This Section does not limit any other method by which these Terms may become binding to the extent permitted by applicable law. ContractorCaptain’s system records concerning an interaction, submission, acceptance, account action, delivery, timestamp, configuration, or authorization are presumed accurate for contractual purposes unless the affected person establishes a demonstrable error in the applicable record. The presumption in the preceding sentence does not apply against an individual using the Services for personal, family, or household purposes.

2.2 Service and Marketing Communications

ContractorCaptain may send administrative, transactional, billing, security, service-related, legal, support, and other communications reasonably necessary to provide, secure, support, or administer the Services or an account, subscription, inquiry, or relationship with ContractorCaptain. ContractorCaptain may also send promotional or marketing communications concerning ContractorCaptain Services, product updates, offers, educational information, or related business matters where permitted by applicable law. A recipient may unsubscribe from promotional or marketing communications at any time using the unsubscribe mechanism provided. An unsubscribe from optional marketing does not prevent communications reasonably necessary to provide Services, administer an account or subscription, process billing, provide security or legal notices, respond to a request, or otherwise service an existing relationship. Acceptance of these Terms does not by itself constitute consent to receive promotional or marketing communications where separate consent is required by law.

2.3 Intended Audience and Location

The ContractorCaptain website and Services are intended for businesses located in Canada, excluding Quebec, and for individuals who interact with those businesses. ContractorCaptain does not represent that the website or Services are appropriate or available for use in other locations. Persons who access them from elsewhere do so on their own initiative and are responsible for complying with local law. Paid Services are available only to eligible businesses under the applicable client agreement.

3. Website Use

You may use the ContractorCaptain website only for lawful purposes and in accordance with these Terms. Information available through the website is provided for general informational and business purposes. Website content may change and should not be treated as a promise that any particular feature, functionality, price, service, integration, or result will remain available. Public demonstrations are intended to illustrate possible ContractorCaptain functionality and may differ from services ultimately configured for a particular client. Prices and plan descriptions on the website are not an offer and may contain errors. ContractorCaptain may correct errors at any time, and the price and terms in an accepted Order Form govern.

If a Client and ContractorCaptain have entered into a Master Services Agreement, Order Form, subscription agreement, proposal, statement of work, Data Processing Addendum, or other agreement specifically governing paid Services, those documents exclusively govern the Client’s paid subscription, paid account, and paid Services. These Terms do not supplement those documents or create additional warranties, obligations, liabilities, remedies, termination rights, service commitments, or commercial terms for the paying Client’s paid relationship. These Terms may separately govern a paying Client’s use of ContractorCaptain’s public website, public demonstration, or free tool outside the paid Services. For an End Customer who accesses a ContractorCaptain-powered assistant, chat widget, form, or other customer-facing functionality through a Client website, these Terms govern that End Customer’s interaction with ContractorCaptain to the extent the Terms are presented or linked with the functionality and become binding under applicable law. ContractorCaptain-powered chat assistants display links to these Terms (contractorcaptain.com/terms) and to the ContractorCaptain Privacy Policy (contractorcaptain.com/privacy). The separate agreement between ContractorCaptain and the paying Client governs their subscription relationship; an End Customer does not become a party to that agreement merely by using the functionality.

5. Artificial Intelligence and Automated Features

Some ContractorCaptain Services use artificial intelligence, machine-learning technology, automated workflows, or third-party AI systems. AI-generated responses and automated results may be inaccurate, incomplete, outdated, unexpected, or unsuitable for a particular situation. Artificial intelligence may misunderstand information, omit context, produce inconsistent responses, or otherwise behave differently than anticipated. You should independently verify information where accuracy, safety, pricing, scheduling, legal rights, or other material matters are important. Unless expressly agreed otherwise in writing, an AI assistant does not have authority to enter into a contract, approve work, establish binding pricing, create a warranty, guarantee scheduling or availability, or otherwise legally bind a ContractorCaptain client. ContractorCaptain may use technical and operational safeguards intended to reduce inappropriate, abusive, or inaccurate system behaviour. No safeguard can guarantee that every AI interaction will operate correctly.

6. Professional and Safety Matters

General website content and AI-generated information provided through ContractorCaptain are not a substitute for advice from an appropriately qualified professional. Unless expressly provided under a separate written arrangement by a properly qualified person, ContractorCaptain does not provide legal, accounting, tax, medical, engineering, architectural, construction, electrical, plumbing, financial, or other regulated professional advice. The Services are not emergency-response systems. Do not rely on ContractorCaptain as the sole method for communicating or responding to an immediate threat to a person, property, building, or system.

7. Leads, Inquiries, and Customer Information

Some Services may allow individuals to provide information relating to a service inquiry, including information such as:

Where information is collected through technology provided for a ContractorCaptain client, ContractorCaptain may process and store that information on behalf of the applicable client. The applicable contractor or business remains responsible for how it subsequently communicates with prospective customers and how it uses information it receives through the Services. Chat conversations with a ContractorCaptain-powered assistant are saved and may be read by the business you contacted and by authorized ContractorCaptain personnel, as described in the ContractorCaptain Privacy Policy.

7.1 End Customer Transactions

ContractorCaptain provides technology that facilitates communications and business processes between its clients and their prospective or existing customers (“End Customers”). ContractorCaptain is not a party to any contract between a client and an End Customer for contracting, trade, repair, maintenance, construction, or other services. The applicable client is solely responsible for its pricing, estimates, quotations, invoices, invoice contents, taxes, tax-registration information, customer agreements, payment terms, credits, refunds, collection activity, work, warranties, permits, scheduling, customer disputes, and performance of services. ContractorCaptain does not guarantee an End Customer’s payment or a client’s performance of any customer agreement. Electronic records generated through the Services may record an interaction, transmission, approval, response, estimate, quote, invoice, or related status, but ContractorCaptain does not determine whether a particular estimate, quote, invoice, acceptance, or customer agreement is legally sufficient, accurate for tax or accounting purposes, or legally enforceable. Unless a separate payment-processing feature is expressly enabled and governed by supplemental terms, ContractorCaptain does not receive, hold, settle, or process funds owed by End Customers to a client and is not the merchant of record for a client’s services. Any invoice created or sent through the Services is issued by the applicable client, not by ContractorCaptain. Questions, complaints, claims, or disputes concerning a Client’s work, goods, pricing, estimate, quote, invoice, tax, payment, refund, warranty, scheduling, safety, personnel, licence, insurance, customer contract, or performance must be directed to the applicable Client. ContractorCaptain’s provision of technology, records, communications, or status information does not make ContractorCaptain a party to or guarantor of the underlying transaction.

7.2 Responses to Service Inquiries

When you submit an inquiry or contact information through the Services, you request and authorize ContractorCaptain, the applicable Client, and service providers acting for either of them to use the information you submit to respond to and administer that inquiry, including by telephone, email, or SMS. This authorization does not constitute consent to unrelated promotional marketing. Promotional messages remain subject to applicable law and any additional consent required by law. Additional information about personal-information handling is available in the ContractorCaptain Privacy Policy.

7.3 No Contractor Vetting or Endorsement

ContractorCaptain provides technology and does not independently investigate, license, certify, background-check, insure, supervise, recommend, warrant, or endorse a Client, contractor, or service provider merely because that person or business uses the Services or displays ContractorCaptain-powered functionality. ContractorCaptain does not represent that a Client holds any required licence, permit, qualification, bonding, or insurance, or that the Client will perform services safely, lawfully, competently, or to an End Customer’s satisfaction. End Customers remain responsible for evaluating a contractor or service provider and, where appropriate, confirming qualifications, licences, permits, insurance, references, scope, price, warranties, and written contract terms before engaging that business. The applicable Client remains solely responsible for its representations, personnel, services, and performance.

7.4 Client-Sourced and Manually Entered Information

An individual’s information may be entered or imported by a Client or Authorized User after a telephone call, email, text message, in-person communication, referral, existing customer interaction, or other source. That entry or import does not establish that the individual saw or accepted these Terms. These Terms bind an End Customer only where they are properly presented, linked, or otherwise made applicable and become binding under applicable law. The applicable Client remains responsible for having lawful authority to collect, use, provide, and communicate using Client-sourced information; for identifying itself and providing reasonable context in an initial communication where needed; and for delivering any privacy notice, sender information, or opt-out mechanism required by law. ContractorCaptain may restrict or refuse processing that it reasonably believes is unlawful, unauthorized, deceptive, or materially risky. ContractorCaptain’s Privacy Policy continues to apply to ContractorCaptain’s own handling of personal information regardless of whether an individual accepted these Terms.

7.5 Submitted Photos and Files

Photos, attachments, and files submitted through ContractorCaptain-powered functionality may be made available to the applicable Client and handled according to that Client’s instructions, the applicable Service configuration and retention period, ContractorCaptain’s Privacy Policy, and legal requirements. These materials may be deleted after the applicable retention period, when the associated record or Client account is deleted, after account termination, or where deletion is reasonably required for security, legal, abuse-prevention, storage-management, or operational reasons. You should not use the Services as the sole repository for any photo or file you need to retain. Do not submit information that is unnecessary for the service inquiry, including passwords, payment-card details, government identification numbers, or unrelated sensitive information.

8. Your Responsibilities

When using ContractorCaptain, you agree to:

9. Acceptable Use and Platform Protection

You must not use, attempt to use, configure, authorize, or assist another person to use the website or Services in a manner that:

ContractorCaptain may investigate suspected misuse and may use reasonable technical measures such as blocking requests, rate limiting, restricting features, terminating sessions, disabling integrations, or suspending access where reasonably necessary to protect the Services, clients, users, or third parties.

9.1 Non-Discrimination and Respectful Use

Users must not use the Services to engage in unlawful discrimination, targeted harassment, threats, or abusive conduct based on a characteristic protected by applicable human-rights law. ContractorCaptain may investigate and take proportionate protective action where it reasonably believes the Services are being used in violation of this requirement, including restricting, suspending, or terminating access where appropriate under these Terms and applicable law.

ContractorCaptain does not undertake to monitor every interaction, determine the truth of every allegation, or independently adjudicate disputes concerning a Client’s underlying services, customer selection, employment practices, or business decisions. Nothing in this Section requires ContractorCaptain to take an action that would violate applicable law, disclose protected information, or materially compromise privacy or security. This Section does not make ContractorCaptain responsible for a Client’s independent conduct or expand ContractorCaptain’s obligations beyond those imposed by applicable law or expressly accepted in a separate written agreement.

9.2 Reporting Security Vulnerabilities

If you believe you have found a security vulnerability in the website or Services, please report it promptly to support@contractorcaptain.com with enough detail for ContractorCaptain to reproduce it. Do not access, modify, or disclose other people’s information, degrade the Services, or publicly disclose the issue before ContractorCaptain has had a reasonable opportunity to address it. ContractorCaptain does not offer a bug bounty, and this Section does not authorize any testing or activity prohibited by Section 9 or Section 10.

10. Automated and Excessive Use

You may not use automated systems to access ContractorCaptain in a manner that is unauthorized, materially exceeds normal intended use, degrades service availability, or circumvents technical or contractual restrictions. ContractorCaptain may apply reasonable usage, capacity, security, or rate limits. Attempts to avoid an imposed restriction by creating additional accounts, changing technical identifiers, repeatedly reconnecting blocked systems, or using another method designed primarily to defeat the restriction are prohibited.

10.1 Abuse Response Costs and Protective Relief

To the extent permitted by applicable law and without duplicating another recovery, a person whose intentional, fraudulent, malicious, reckless, or unlawful conduct violates Sections 9 or 10 will reimburse ContractorCaptain for reasonable documented out-of-pocket costs directly caused by that conduct (for an individual using the Services for personal, family, or household purposes, only where the conduct is intentional, fraudulent, or malicious), including third-party provider charges and reasonable investigation, containment, restoration, security-remediation, and legal-response costs. This obligation does not apply to ordinary good-faith use or an accidental minor violation that is promptly corrected and causes no material cost. Unauthorized access, scraping of protected or non-public information, credential attacks, circumvention of protective measures, reverse engineering, extraction or disclosure of source code, protected prompts, system instructions, trade secrets, or confidential information, and interference with the Services may cause harm not adequately remedied by money alone. Subject to applicable law, ContractorCaptain may seek injunctive, equitable, or other protective relief in addition to other available remedies without first providing notice where delay could reasonably increase the harm.

11. Client and User Content

If you provide text, images, documents, business information, instructions, branding, data, or other materials through the Services, you are responsible for ensuring that you have the rights and authority necessary to provide and use those materials. You must not submit content that:

Ownership and permitted use of content supplied in connection with paid Services may be addressed more specifically in the applicable client agreement.

As between you and ContractorCaptain, you retain any rights you hold in content you submit. You grant ContractorCaptain, the applicable Client, and their authorized service providers a non-exclusive, worldwide, royalty-free, limited licence for the period reasonably necessary to host, copy, transmit, display, and otherwise process that content solely to operate, secure, support, and provide the Services; respond to or administer the applicable inquiry; maintain legally permitted records; and comply with law. You represent that you have the rights and authority necessary to grant this licence. AI-generated or automated output may not be unique, and similar or identical output may be generated for other users. ContractorCaptain does not represent that AI-generated output is eligible for intellectual-property protection or free from third-party rights. Ownership and permitted use of output generated through paid Services may be addressed more specifically in the applicable client agreement.

12. Intellectual Property

Except for content owned by users, clients, licensors, or other third parties, ContractorCaptain retains all rights in its website and proprietary technology, including its:

These Terms provide only the limited right to access and use the website and Services as permitted by ContractorCaptain. No ownership interest in ContractorCaptain intellectual property is transferred to you. Custom work, client materials, Client Data, and specific licence rights may be addressed separately in an applicable client agreement or Order Form.

12.1 Intellectual Property Complaints

A person who reasonably believes that content available through the Services infringes that person’s intellectual-property rights may send a notice to support@contractorcaptain.com identifying the rights claimed, the protected work or subject matter, the allegedly infringing content and its location, the complainant’s contact information, and sufficient information to permit ContractorCaptain to assess and respond to the notice. The notice should include a good-faith statement that the complained-of use is not authorized and that the information supplied is accurate and submitted by the rights holder or an authorized representative. ContractorCaptain may request additional information; preserve relevant records; restrict, disable, or remove content or access; notify the person who supplied the content; permit a response; restore content where appropriate; or suspend or terminate repeat or serious infringers. ContractorCaptain does not adjudicate ownership disputes and is not required to act on a notice that is incomplete, materially inaccurate, abusive, or outside ContractorCaptain’s reasonable control. This process does not limit any right or obligation under applicable law.

13. ContractorCaptain Name and Branding

You may not use ContractorCaptain’s name, trademarks, logos, or branding in a manner that falsely suggests that ContractorCaptain:

Nothing in these Terms grants a general licence to use ContractorCaptain branding.

14. Feedback

If you voluntarily provide suggestions, ideas, recommendations, or feedback concerning ContractorCaptain, you permit ContractorCaptain to use that feedback to develop, modify, or improve its products and services without an obligation to compensate you. This does not give ContractorCaptain a right to publicly disclose confidential information merely because it was included with feedback.

15. Third-Party Services

ContractorCaptain may use or integrate with third-party providers, including providers of:

Third-party services are operated independently and may be governed by separate terms, privacy policies, technical limitations, pricing, and service levels. Third-party providers may process information as reasonably necessary to provide their services to ContractorCaptain or its clients. Information obtained through a connected account remains subject to applicable provider restrictions, Client authorization, and the ContractorCaptain Privacy Policy. ContractorCaptain is not responsible for interruptions, failures, changes, or acts caused primarily by a third-party service outside ContractorCaptain’s reasonable control. The website may link to third-party websites. ContractorCaptain does not control or endorse them and is not responsible for their content, availability, or practices; use them at your own risk.

16. Availability and Changes

ContractorCaptain may maintain, modify, improve, replace, limit, suspend, or discontinue portions of the website or Services from time to time. We do not guarantee that every feature will remain continuously available, operate without interruption, or remain compatible with every browser, website, device, integration, or third-party service. Paid-client rights concerning material changes to subscribed Services may be governed by the applicable client agreement. Public descriptions, demonstrations, examples, mock-ups, prototypes, screenshots, statements concerning anticipated features or integrations, and other forward-looking materials are illustrative only and do not create a commitment to deliver any particular future functionality, release timing, integration, result, or product unless expressly stated in a separate written or electronically accepted agreement applicable to the user. A decision to purchase paid Services should be based on functionality expressly included in the applicable client agreement and Order Form rather than anticipated future functionality.

17. Fees and Payments

Where fees apply, applicable pricing and payment terms may be presented through an Order Form, checkout process, invoice, proposal, subscription record, services agreement, or other accepted commercial document. Depending on the applicable arrangement, charges may include subscription fees, implementation fees, applicable taxes, or other expressly authorized amounts. ContractorCaptain currently uses Stripe as a payment-processing provider for ContractorCaptain subscription and related charges and may use Stripe or another payment provider from time to time. Unless a separate End Customer payment feature is expressly offered and enabled under supplemental terms, this payment-processing relationship does not make ContractorCaptain the payment processor or merchant of record for amounts owed by End Customers to a ContractorCaptain client. Payment, renewal, cancellation, refund, and pricing-change rules applicable to paid clients are governed by the applicable commercial agreement. Paid Services may be subject to plan-specific features, user limits, message or communication limits, AI-usage limits, storage limits, transaction or document limits, rate limits, or other reasonable usage limits disclosed through an Order Form, plan description, dashboard, or other applicable product interface. ContractorCaptain will not impose an undisclosed overage fee; any usage-based or overage charge must be disclosed and authorized through the applicable commercial arrangement.

18. Unsolicited Confidential Information

Do not submit confidential, proprietary, trade-secret, or similarly restricted information to ContractorCaptain through a public website, widget, demonstration, general support channel, or unsolicited communication unless ContractorCaptain has requested it under a separate written or electronically accepted agreement. Merely submitting information does not create a general confidentiality, fiduciary, professional, or non-disclosure relationship with ContractorCaptain. This Section does not limit ContractorCaptain’s obligations concerning personal information under the Privacy Policy and applicable law, or confidentiality obligations expressly accepted in a separate client agreement or non-disclosure agreement. Information submitted through the public Services may be used, disclosed, retained, and processed as permitted by these Terms and the Privacy Policy to operate the Services, administer the applicable inquiry, protect the Services, maintain legally permitted records, and comply with law.

19. Privacy

The ContractorCaptain Privacy Policy describes how ContractorCaptain collects, uses, discloses, protects, retains, and otherwise manages personal information. Where ContractorCaptain processes personal information on behalf of a client, the client may remain responsible for its own privacy notices, collection purposes, consents, and subsequent use of that information.

20. No Guarantee of Business Results

ContractorCaptain may provide tools intended to assist with customer communications, workflows, website inquiries, lead management, estimates, invoices, automation, and related business processes. Results depend on many factors outside ContractorCaptain’s control. Unless ContractorCaptain expressly agrees otherwise in writing, ContractorCaptain does not guarantee:

21. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLIC WEBSITE, PUBLIC DEMONSTRATIONS, PUBLIC OR FREE DIGITAL TOOLS, AI-POWERED FEATURES, GENERAL WEBSITE CONTENT, AND OTHER NON-PAID SERVICES GOVERNED BY THESE TERMS, INCLUDING CLIENT-EMBEDDED FUNCTIONALITY ACCESSED BY END CUSTOMERS WITHOUT DIRECT PAYMENT TO CONTRACTORCAPTAIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CONTRACTORCAPTAIN DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, COMPATIBILITY, CURRENTNESS, AND ERROR-FREE OPERATION. CONTRACTORCAPTAIN DOES NOT WARRANT THAT ANY PUBLIC OR FREE SERVICE WILL BE UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED.

More specific warranties, disclaimers, and service standards applicable to paid Services may be contained in the applicable client agreement. Nothing in these Terms excludes a right or obligation that cannot lawfully be excluded.

22. Limitation of Liability

To the maximum extent permitted by applicable law, the Protected Parties will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to these Terms, the public ContractorCaptain website, public demonstrations, public or free digital tools, AI-powered features, ContractorCaptain-powered functionality, submitted content, related processing, or the use of or inability to use any of them. This includes loss of profits, revenue, business, opportunities, goodwill, use, or data, and costs of data reconstruction, security or incident response, substitute services, or business interruption, whether or not a Protected Party was advised that such damages or costs were possible. Claims by a paying Client arising from its subscription are governed by the applicable client agreement, including its exclusions of damages and liability cap. Claims by an End Customer concerning ContractorCaptain-powered functionality presented or linked with these Terms are governed by these Terms to the extent permitted by applicable law. Nothing in these Terms excludes or limits liability to the extent doing so is prohibited by applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROTECTED PARTIES’ TOTAL CUMULATIVE AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS GOVERNED BY THESE TERMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PUBLIC WEBSITE, THE SERVICES, CONTRACTORCAPTAIN-POWERED FUNCTIONALITY, SUBMITTED CONTENT, OR RELATED PROCESSING WILL NOT EXCEED THE GREATER OF (A) CAD $100 AND (B) THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU DIRECTLY TO CONTRACTORCAPTAIN FOR SERVICES GOVERNED SOLELY BY THESE TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM. This cap applies collectively to all related claims and is not multiplied by the number of claims, users, interactions, records, incidents, or legal theories. The exclusions, limitations, and remedies in these Terms apply even if a limited remedy fails of its essential purpose, to the maximum extent permitted by applicable law. Claims by a paying Client under a separate client agreement remain subject to that agreement. This Section does not limit a privacy right or other liability that cannot lawfully be limited.

22.1 Exclusive Corporate Recourse and Protected Parties

Except to the extent applicable law imposes personal liability that cannot lawfully be excluded, your contractual and other recourse arising solely from these Terms or the Services is against ContractorCaptain AI Inc. You will not assert such a claim against another Protected Party in that person’s or entity’s individual capacity. Each Protected Party may rely on and enforce Sections 21, 22, 22.1, 23, and 31 to the extent those Sections expressly protect it. Nothing in this Section limits liability for a Protected Party’s own fraud or wilful misconduct to the extent that liability cannot lawfully be excluded.

23. Indemnification

To the extent permitted by law, you will indemnify, defend, and hold harmless the Protected Parties from and against third-party claims, losses, liabilities, damages, and reasonable legal expenses to the extent arising from:

If you are an individual using the website or Services for personal, family, or household purposes, this Section applies only to claims arising from your fraud, wilful misconduct, or knowing violation of law.

ContractorCaptain will provide reasonably prompt notice of an indemnified third-party claim where practicable. You will provide reasonable cooperation in the defence. ContractorCaptain may participate in or assume control of the defence with counsel of its choosing where reasonably necessary to protect its interests. You may not settle an indemnified claim in a manner that admits fault by ContractorCaptain, imposes an obligation on ContractorCaptain, restricts ContractorCaptain’s business or Services, or requires ContractorCaptain to make a payment without ContractorCaptain’s prior written consent. Any broader indemnification obligations applicable to a paying client are governed by the applicable client agreement.

24. Suspension and Termination

ContractorCaptain may restrict, suspend, or terminate access where reasonably necessary in response to:

Where practical and appropriate, ContractorCaptain may provide notice or an opportunity to correct an issue before termination.

Immediate protective action may be taken where delay could reasonably create security, legal, technical, or operational risk. Termination and cancellation rights for paid Services are governed by the applicable client agreement.

25. Changes to These Terms

ContractorCaptain may update these Terms to reflect changes in:

The updated Terms will be posted on this page and the “Last updated” date revised. An update does not amend an existing paid client agreement; paid-Service amendments are governed by that agreement and applicable law. Continued use of public or free Services after updated Terms become effective constitutes acceptance only to the extent permitted by law. ContractorCaptain will not rely on a material update that expands a user’s obligations or materially reduces contractual rights unless the user affirmatively accepts the update or another legally sufficient form of acceptance applies.

26. Governing Law and Jurisdiction

These Terms and disputes arising from them, the website, the Services, or ContractorCaptain-powered functionality are governed by the laws of British Columbia and applicable federal laws of Canada, without regard to conflict-of-law principles. Subject to any mandatory legal right or jurisdiction that cannot lawfully be restricted, you and ContractorCaptain submit to the exclusive jurisdiction of the courts of British Columbia, Canada. These Terms do not require arbitration, mediation, or another binding private dispute-resolution process. Nothing in this Section prevents either party from seeking urgent interim, injunctive, equitable, or protective relief, enforcing a judgment in any court of competent jurisdiction, making a regulatory complaint, or exercising a statutory right that cannot lawfully be restricted. A separate client agreement may contain dispute-resolution requirements for paid Services, subject to applicable law. If you are an individual using the Services for personal, family, or household purposes, such as a homeowner contacting a contractor, nothing in this Section prevents you from bringing a claim in the courts of the province or territory where you live, or takes away mandatory legal protections that apply there.

27. Severability

If a provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary where permitted by law. If it cannot be modified, that provision will be severed and the remaining provisions will continue in effect.

27.1 Interpretation

Headings are for convenience only and do not affect interpretation. “Including” and similar words mean “including without limitation.”

28. No Waiver

A failure or delay by ContractorCaptain to enforce a provision of these Terms does not waive that provision or prevent later enforcement.

29. Assignment and Delegation

You may not assign or transfer these Terms or rights arising under them without ContractorCaptain’s prior written consent. ContractorCaptain may assign these Terms, in whole or in part, to an Affiliate or in connection with a financing, reorganization, merger, acquisition, sale of business, sale of assets, or similar transaction. ContractorCaptain may use contractors, service providers, and subprocessors to perform portions of the Services, subject to ContractorCaptain’s applicable obligations. An attempted assignment contrary to this Section is ineffective to the extent permitted by law.

30. Force Majeure

ContractorCaptain is not liable for delay, interruption, or failure caused by events beyond its reasonable control, including widespread internet, cloud, telecommunications, power, domain, DNS, API, artificial-intelligence-provider, email, SMS, payment-provider, or other Third-Party Service outages; cyberattacks or malicious activity not caused by ContractorCaptain’s failure to use legally required safeguards; emergency protective action; natural disaster; labour disruption; war; civil disorder; or government action. This Section does not excuse an obligation that cannot lawfully be excluded or amounts properly owing under an applicable paid-services agreement.

31. No Third-Party Beneficiaries

Except for the enforcement rights expressly granted to Protected Parties under Sections 22.1 and 23, these Terms are for the benefit of you and ContractorCaptain only and do not give contractual enforcement rights to another person. A Protected Party’s enforcement right is limited to a provision that expressly protects that Protected Party and does not impose additional obligations on it. These Terms do not alter a contract between a Client and an End Customer.

32. Entire Agreement and Order of Precedence

These Terms, together with policies and supplemental terms expressly incorporated into them, constitute the entire agreement between you and ContractorCaptain concerning public or free Services governed solely by these Terms. They do not replace or modify an agreement between an End Customer and a Client. If you are a paying Client subject to a Master Services Agreement, Order Form, Data Processing Addendum, subscription agreement, proposal, statement of work, or other specific commercial agreement, those documents exclusively govern your paid subscription, paid account, and paid Services. These Terms do not supplement those documents or create additional warranties, obligations, liabilities, remedies, or service commitments concerning that paid relationship. These Terms may separately govern your use of a public website, demonstration, or free tool outside the paid Services.

33. Survival

Provisions concerning submitted content, intellectual property, feedback, confidentiality limitations, abuse-response costs and protective relief, disclaimers, limitation of liability, indemnification, governing law, jurisdiction, and any provision that by its nature is intended to survive will continue after termination or cessation of use.

34. Contact

Questions concerning these Terms of Use may be directed to:

ContractorCaptain AI Inc.
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