Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you ("you," "Customer," or "Subscriber") and VolumeOps (the "Service Provider," "we," "us," or "our") governing your access to and use of the VolumeOps software-as-a-service platform, including the website, applications, APIs, and all related features, content, and services (collectively, the "Service"). By registering, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not use the Service.

1. Definitions

• "VolumeOps" (the Service Provider) means the business operating the Service: VolumeOps (CRA Business Number 739667350), 1000-10055 106 ST NW, Suite 339, Edmonton, Alberta T5J 2Y2, Canada.
• "Service" means the VolumeOps platform for AI-assisted volume estimation and quoting for junk removal and waste-related services, including photo analysis, quote generation, lead management, review requests, and related tools, as made available from time to time.
• "Subscription" means the selected plan (e.g., Trial, Starter, Pro, Enterprise) and associated billing cycle (monthly or as specified) during which you are entitled to use the Service subject to plan limits and features.
• "Billing Period" means the interval (e.g., one month) for which fees are charged in advance.
• "Lead" means a quote request or customer inquiry created through the Service (e.g., via the public quote form), including any associated data and photos.
• "Content" means any data, text, images, or other materials you or your end users submit to the Service.

2. Description of Service

VolumeOps provides a multi-tenant SaaS platform designed for junk removal and waste-service operators, primarily in Alberta, Canada. The Service uses artificial intelligence (including third-party vision APIs) to estimate volume from photos, generate itemized quotes, manage leads and quotes, and optionally send review requests to end customers. Service features, lead limits, and availability depend on your selected plan. We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice where practicable, except that we may make immediate changes where necessary for security, legal compliance, or to prevent abuse.

3. Eligibility and Account

You must be at least 18 years of age and have the legal capacity to enter into contracts. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate and complete registration information and promptly update us if such information changes. You may not share your account or allow third parties to access the Service through your account except as permitted by your plan (e.g., additional users up to the plan limit). You may not create multiple accounts to obtain additional trials or to circumvent plan limits; one trial is permitted per Subscriber (or per business or legal entity). We may verify account and payment information. Accounts suspected of fraud or identity misuse may be suspended pending investigation and may be terminated if we reasonably determine fraud or material misrepresentation. We may suspend or terminate accounts that we reasonably believe are in violation of these Terms or that pose a security or abuse risk.

4. Subscription, Billing, and Payment

4.1 Fees and Payment

Subscription fees are set forth on the pricing page and in your plan selection. Fees are billed in advance for each Billing Period (e.g., monthly) via the payment method you provide (e.g., through our payment processor). We endeavour to send a reminder to the email associated with your account before charging for the next Billing Period, but this is a courtesy and not a contractual obligation; it is your responsibility to manage your Subscription and cancellation. You agree to pay all applicable fees and taxes. All fees are in Canadian dollars (CAD) unless we clearly state otherwise in writing for a specific transaction. Failure to pay may result in suspension or termination of access to the Service.

4.2 No Refunds

All fees paid are non-refundable. We do not provide refunds or credits for partial Billing Periods, unused leads, downgrades, or for any other reason, except where required by applicable law. By subscribing, you acknowledge that you have read and accept this no-refund policy.

4.3 No Automatic Renewal After Cancellation; End of Subscription

You may cancel your paid Subscription at any time through the billing portal or as we otherwise designate. Upon cancellation, no further charges will be made to your payment method. Your access to the Service and plan features will continue until the end of the current Billing Period for which you have already paid. After that date, your Subscription ends and we will not charge you again unless you explicitly subscribe anew. There is no automatic renewal after cancellation; we do not continue to bill or charge you after your Subscription has ended. If you do not cancel and your Subscription is set to renew, you will be charged for the next Billing Period in accordance with the then-current pricing and your payment method on file.

4.4 Price Changes

We may change subscription fees upon reasonable notice (at least 30 days before the change takes effect). Continued use of the Service after the effective date of a fee increase constitutes acceptance. If you do not agree, you may cancel before the effective date and no further charges will apply after the end of your current Billing Period.

4.5 Chargebacks and Payment Disputes

Initiating a chargeback or payment dispute against us for fees that you agreed to pay may result in immediate suspension or termination of your account. We reserve the right to dispute chargebacks and to report fraudulent or abusive chargebacks to payment processors and relevant authorities.

5. Free Trial

We may offer a free trial period. One trial per Subscriber (or per business or legal entity) is permitted; you may not create additional accounts to obtain further trials. Trial terms (duration, lead limits, features) are as stated at sign-up. No payment is required to start a trial. At the end of the trial, if you do not subscribe to a paid plan, access may be limited or terminated. We do not automatically charge you at the end of a trial; you must actively subscribe to a paid plan to continue with paid features. Trial use is subject to these Terms.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not: (a) violate any applicable law or regulation; (b) infringe any third-party rights; (c) upload or transmit malicious code, spam, or content that is defamatory, obscene, or otherwise objectionable; (d) attempt to gain unauthorized access to the Service, other accounts, or our or our providers' systems; (e) reverse engineer, decompile, or attempt to extract source code from the Service except to the extent permitted by applicable law; (f) resell or sublicense the Service without our prior written consent; (g) use the Service in a manner that could overburden or impair our infrastructure or that of our providers; (h) use the Service for any purpose that competes with or undermines the Service; (i) scrape or use automated means to harvest data from the Service without our prior written consent; (j) use bots or automated means to create accounts or leads or to circumvent technical or plan limits; (k) circumvent any access controls, usage limits, or technical restrictions of the Service; or (l) use the Service to send communications to end customers without having first obtained all consents required under Canada's Anti-Spam Legislation (CASL) and any other applicable anti-spam or direct-marketing laws. You are solely responsible for compliance with CASL for any outbound communications (including review requests and SMS notifications) sent through the Service to your end customers, including ensuring an appropriate legal basis in Alberta and other Canadian jurisdictions. We may suspend or terminate access and report to authorities where we reasonably believe there is abuse or illegal activity.

7. Data, Privacy, and AI Processing

You retain ownership of your Content. You grant us a limited license to use, store, process, and transmit your Content as necessary to provide the Service, including to operate AI and other systems that analyze photos and generate volume estimates. We do not use your Content or your end customers' Content to train our own or third-party machine learning models for purposes unrelated to providing the Service to you. Photos and other Content may be processed by third-party AI services (e.g., vision APIs) under our agreements with those providers. Our collection, use, and disclosure of personal information are described in our Privacy Policy. You are responsible for ensuring that your use of the Service and collection of end-customer data complies with applicable Canadian privacy laws, including PIPEDA and applicable provincial legislation. You must obtain any required consents from end users before submitting their data to the Service.

8. Intellectual Property

The Service, including its design, software, text, graphics, and other materials (excluding your Content), is owned or licensed by us and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your Subscription, in accordance with these Terms. You may not copy, modify, distribute, or create derivative works of the Service or our intellectual property except as expressly permitted.

9. Disclaimers

The Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. Volume and cost estimates produced by the Service (including AI-generated estimates) are estimates only and are not guaranteed to be accurate. You are solely responsible for reviewing and approving quotes before sending them to your customers and for your own pricing and business decisions. The Service does not constitute legal, tax, or professional advice; you should consult qualified professionals for such matters.

Without limiting the foregoing, and to the maximum extent permitted by applicable law, we are not responsible for delays, outages, degradation, or failures of the Service caused by third-party services or infrastructure (including but not limited to hosting, AI or vision APIs, payment processing, SMS or other messaging, email delivery, security or bot-detection services, or maps or geocoding providers).

10. Limitation of Liability

To the maximum extent permitted by applicable law, (a) in no event shall we (or our affiliates, directors, employees, or service providers) be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with the Service or these Terms, whether in contract, tort, or otherwise, even if advised of the possibility of such damages; and (b) our total aggregate liability for any claims arising out of or related to the Service or these Terms shall not exceed the greater of (i) the amount you paid us in the twelve (12) months preceding the claim, or (ii) one hundred Canadian dollars (CAD $100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability will be limited to the fullest extent permitted by law. The limitations in this section apply regardless of the theory of liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Content or your end users' data; (c) your violation of these Terms or any applicable law; or (d) any dispute between you and a third party (including an end customer) relating to quotes, services, or data processed through the Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

12. Termination

We may suspend or terminate your access to the Service for cause (including breach of these Terms or non-payment), or upon reasonable notice if we discontinue the Service or cease operations. You may terminate by canceling your Subscription as described in Section 4.3. Upon termination, your right to use the Service ceases and the license granted in Section 8 (Intellectual Property) ceases immediately. Following the end of your Subscription, you may request an export of your data by contacting us for up to 30 days; we will provide a reasonable export in a common electronic format where technically practicable. We will retain your data for up to 90 days from the end of your Subscription, after which we may permanently delete it; billing records and other information required to be kept under applicable law (e.g., tax records) are retained as required by law. Sections that by their nature should survive (including Limitations of Liability, Indemnification, and this sentence) will survive termination.

13. General

Governing law: These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute shall be subject to the exclusive jurisdiction of the courts of Alberta.

Entire agreement: These Terms, together with our Privacy Policy and any order or plan description, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or communications.

Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Failure by us to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

Amendments: We may amend these Terms from time to time by posting the updated Terms on our website and updating the "Last updated" date. Material changes will be communicated (e.g., by email or in-app notice) where practicable. Continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree, you must cancel your Subscription before the effective date.

Language: The authoritative version of these Terms is the English version. Any translation is provided for convenience only; in case of conflict, the English version prevails.

Force majeure: We are not liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control (e.g., natural disaster, war, terrorism, pandemic, government action, strike, failure of third-party infrastructure, or disruption or outage of third-party APIs, cloud hosting, payment networks, or telecommunications services, including SMS). Our obligations may be suspended for the duration of such event; if it continues for more than 30 days, we may terminate the affected part of the Service on 14 days' written notice.

Assignment: We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, sale of assets, or corporate reorganization. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Contact: For questions about these Terms or the Service, contact us via the contact form or by email at [email protected].