End-user license agreement

1. This agreement

This end-user license agreement (the "Agreement") is between Fylder Solutions ("Fylder", "we", "us") and the business that creates a Fylder account (the "Customer", "you"). It covers the Fylder web app at app.fylder.com, the website at fylder.com, and any related apps, APIs and support (together, the "Service").

By creating an account, accepting an invitation, or using the Service, you agree to this Agreement. If you accept it on behalf of a company, you confirm you have authority to bind that company. If you don't agree, don't use the Service.

2. Definitions

• User: a person the Customer allows to sign in to its account, such as an owner, admin, crew member or viewer.
• Customer Data: everything the Customer and its Users put into the Service, including client records, requests, quotes, jobs, invoices, payments, schedules, catalog and inventory items, projects, and staff directory entries.
• Client: a customer of yours whose details you store in the Service.

3. Your license

While your account is active and you follow this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license for your Users to access and use the Service for your own internal business operations. We keep all rights not expressly granted here.

4. Accounts and users

• Give accurate account information and keep it up to date.
• Keep passwords and other sign-in credentials secret. Each User must have their own login.
• You decide who joins your account and which role they have, and you're responsible for everything your Users do in it. Tell us promptly at contact@fylder.com if you believe your account has been accessed without permission.
• Users must be at least 16 years old.

5. Acceptable use

You and your Users must not:

• copy, modify, reverse engineer or decompile the Service, except where the law allows it despite this restriction;
• sell, rent, sublicense or otherwise provide the Service to anyone outside your business;
• try to reach another company's data, get around access controls or rate limits, or probe, scan or test the Service's security without our written permission;
• upload malware, or interfere with or overload the Service;
• scrape the Service, or access it with automated tools other than the interfaces we provide for that purpose;
• use the Service to send spam, or to store or share content that is unlawful, infringing, or that you have no right to use; or
• use the Service to build a competing product.

6. Your data

You own Customer Data. You grant us a worldwide, limited license to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, and as described in ourprivacy policy.

You're responsible for Customer Data and for having the rights, notices and consents needed to store your Clients' and staff members' details in Fylder and to contact them through it. When we process personal information in Customer Data, we do so on your behalf and on your instructions.

You can export your clients, catalog and inventory at any time from Settings → Import & export. After your account is closed, we delete Customer Data within 90 days, except where the law requires us to keep it.

7. Trials, plans and fees

New accounts start with a free trial for the period shown at sign-up. To keep using the Service after the trial, you may need to choose a paid plan. Fees are shown on our pricing page or in your order, are billed in advance for each billing period, and exclude taxes, which you pay. Except where the law requires otherwise, fees already paid are non-refundable.

We may change our prices with at least 30 days' notice. A price change takes effect at your next billing period after the notice. If you don't agree, you can cancel before then.

8. Third-party services

If you connect the Service to another product, such as accounting software or a payment provider, that product's own terms govern your use of it. You authorise us to exchange Customer Data with it as needed for the connection. We aren't responsible for third-party products and may stop supporting a connection if the provider changes or ends it.

9. Our intellectual property and feedback

We and our licensors own the Service, including its software, design and documentation, and the Fylder name and logo. If you send us suggestions or feedback, we may use them without any obligation to you.

10. Changes to the Service

We improve the Service over time and may add, change or remove features. If we remove a feature you rely on in a way that materially reduces the Service, we'll give you reasonable notice. We aim to keep the Service available but don't promise uninterrupted access unless we agree otherwise in writing.

11. Suspension and termination

• You can stop using the Service and close your account at any time.
• We may suspend or close an account that breaks this Agreement, hasn't paid fees that are due, or puts the Service or other customers at risk. Where it's reasonable, we'll tell you first and give you a chance to fix the problem.
• When an account is closed, the license in section 3 ends. Sections 6 (deletion), 9, 12, 13, 14, 15 and 17 continue to apply.

12. Disclaimer

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

Fylder is a tool for running your business; it isn't tax, accounting, employment or legal advice. You're responsible for checking that the tax rates, prices, invoices and records you produce with it are correct for your business.

13. Limitation of liability

To the fullest extent the law allows, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible. Each party's total liability arising out of this Agreement is limited to the greater of the fees you paid us in the 12 months before the claim arose, or CA$100.

These limits don't apply to your payment obligations, to your obligations under section 14, or to liability that can't be limited by law.

14. Indemnity

You will defend and indemnify us against third-party claims, and related losses and reasonable costs, arising from Customer Data or from your or your Users' breach of this Agreement or of the law.

15. Changes to this Agreement

We may update this Agreement. If a change is material, we'll tell account owners by email or in the app at least 30 days before it takes effect, unless it's needed sooner for legal or security reasons. Continuing to use the Service after a change takes effect means you accept it.

16. Governing law

This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, without regard to its conflict-of-law rules, and the courts of Alberta have exclusive jurisdiction over any dispute arising from it. This doesn't remove any rights you have under consumer protection laws that can't be waived.

17. General

• This Agreement and our privacy policy are the whole agreement between us about the Service, unless we sign a separate written agreement with you.
• You may not transfer this Agreement without our consent. We may transfer it as part of a merger, acquisition or sale of assets.
• If part of this Agreement can't be enforced, the rest still applies. Not enforcing a term isn't a waiver of it.
• Neither party is liable for delays caused by events beyond its reasonable control.
• We send notices to the account owner's email address. Send notices to us at contact@fylder.com or 1-11730 91 St. NW, Edmonton, AB T5B 4B3, Canada.

18. Contact

Questions about this Agreement: