Back to Home

    Terms of Service

    Last updated: July 27, 2026

    1. Acceptance of Terms

    By accessing or using the Smarter Service platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform. These Terms constitute a legally binding agreement between you and Smarter Service Inc. ("Company", "we", "us").

    2. Platform Role — Marketplace Only

    THE PLATFORM IS A TECHNOLOGY MARKETPLACE ONLY. We connect Customers with independent, licensed Contractors. We do not employ, supervise, direct, or control any Contractor. We do not perform, inspect, warrant, or guarantee any installation, repair, or other work. All work is performed solely by independent Contractors who are solely responsible for the quality, safety, legality, and compliance of their work.

    3. Contractor Responsibilities & Assumption of Liability

    Each Contractor using the Platform agrees and acknowledges that:

    • They are an independent contractor, not an employee, agent, or partner of the Company.
    • They hold all required licenses, permits, insurance, and certifications for the jurisdiction in which they operate.
    • Each time they accept or perform work, they represent and warrant that every licence, trade ticket, permit, certification, insurance policy, and workers’ compensation clearance required for that work is current, valid, sufficient, and applicable to the work and jurisdiction.
    • They must immediately notify the Company of any expiry, lapse, cancellation, suspension, revocation, restriction, material coverage change, or claim that could affect those credentials, and must stop accepting or performing affected work until the deficiency is corrected.
    • They shall not bid on, accept, schedule, attend, commence, or perform any work unless every qualification, trade ticket, licence, permit, certification, insurance policy, and workers’ compensation clearance required for that work is current and valid. Access to the Platform or receipt of a job opportunity is not authorization to work without those requirements.
    • They knowingly and voluntarily assume all risk, responsibility, cost, and liability arising from working or attempting to work without current and sufficient qualifications or coverage, including injury, death, property damage, denied or uninsured claims, fines, penalties, remediation, defence costs, and third-party claims.
    • They are solely and exclusively liable for all work performed, including but not limited to: quality of workmanship, compliance with all applicable building codes, safety standards, manufacturer specifications, and local regulations.
    • They assume all risk and liability for any injury, property damage, code violation, warranty claim, or any other loss arising from their work.
    • They shall indemnify, defend, and hold harmless the Company, its officers, directors, shareholders, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to their work, conduct, or breach of these Terms.
    • They maintain adequate commercial general liability insurance with minimum coverage of $1,000,000 per occurrence and professional liability insurance as required by their jurisdiction.

    4. Customer Acknowledgments

    By using the Platform, each Customer agrees and acknowledges that:

    • The Company is a technology platform only and bears no responsibility for the work performed by Contractors.
    • Any contractual relationship for work is solely between the Customer and the Contractor.
    • The Company does not guarantee the availability, quality, safety, or legality of any Contractor's work.
    • Customers are responsible for independently verifying Contractor credentials, insurance, and licensing.
    • Any disputes regarding work quality, damages, or warranty are between the Customer and the Contractor exclusively.
    • Pricing displayed on the Platform is an estimate and may be subject to change based on site conditions, code requirements, or other factors determined by the Contractor.

    5. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, PROPERTY DAMAGE, PERSONAL INJURY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

    • ANY WORK PERFORMED BY A CONTRACTOR;
    • ANY DEFECTIVE, UNSAFE, OR NON-COMPLIANT INSTALLATION OR REPAIR;
    • ANY PROPERTY DAMAGE, WATER DAMAGE, GAS LEAK, FIRE, EXPLOSION, OR OTHER INCIDENT;
    • ANY PERSONAL INJURY OR DEATH;
    • ANY BREACH OF WARRANTY BY A CONTRACTOR OR MANUFACTURER;
    • ANY CODE VIOLATION OR REGULATORY NON-COMPLIANCE;
    • ANY EXPIRED, LAPSED, CANCELLED, SUSPENDED, REVOKED, RESTRICTED, INADEQUATE, INAPPLICABLE, FALSE, OR MISREPRESENTED LICENCE, TRADE TICKET, PERMIT, CERTIFICATION, INSURANCE POLICY, OR WORKERS’ COMPENSATION STATUS;
    • YOUR USE OF OR INABILITY TO USE THE PLATFORM;
    • ANY AI-GENERATED RECOMMENDATIONS, PRICING, OR ESTIMATES PROVIDED BY THE PLATFORM.

    IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT OF PLATFORM FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100 CAD), WHICHEVER IS LESS.

    6. DISCLAIMER OF WARRANTIES

    THE PLATFORM 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, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALIFICATIONS, RELIABILITY, OR TRUSTWORTHINESS OF ANY CONTRACTOR.

    7. Indemnification

    You agree to indemnify, defend, and hold harmless the Company, its officers, directors, shareholders, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.

    8. No Verification of Contractor Insurance or Credentials

    While Contractors represent that they hold the licences, trade tickets, permits, certifications, insurance, workers’ compensation coverage, and other credentials required for their work, the Company does not independently guarantee or continuously monitor their existence, authenticity, accuracy, validity, scope, currency, sufficiency, applicability, or renewal. Any review performed by the Company is administrative, limited, and point-in-time only; it may rely on documents or information supplied by the Contractor or a third party and is not an audit, legal opinion, insurance advice, or continuing certification. A credential or policy may expire, lapse, be cancelled, suspended, revoked, restricted, altered, become insufficient, or cease to apply after it is reviewed, and information supplied to the Platform may be incomplete, inaccurate, delayed, or misrepresented. Customers acknowledge that:

    • It is the Customer’s responsibility to verify immediately before work begins the Contractor’s identity, licence or trade-ticket number, scope and jurisdiction, permit authority, insurance carrier, policy number, coverage limits and dates, and workers’ compensation status directly with the Contractor, insurer, regulator, or other issuing authority.
    • To the maximum extent permitted by applicable law, the Company is not liable for any injury, death, loss, property damage, uncovered claim, denied insurance claim, fine, cost, delay, or dispute arising from any absent, expired, lapsed, cancelled, suspended, revoked, restricted, inadequate, inapplicable, false, or misrepresented credential, ticket, licence, permit, certification, insurance policy, or workers’ compensation status.
    • The Company does not guarantee that a Contractor or insurer will respond to, defend, indemnify, pay, or satisfy any claim, judgment, warranty, or loss.
    • Any reference to a Contractor as “verified”, “vetted”, “trusted”, “licensed”, “insured”, “ticketed”, or similar means only that the Contractor represented that they met applicable requirements and/or passed the limited administrative checks then used by the Platform. It is not a guarantee of current status and not a substitute for the Customer’s own due diligence.

    Nothing in this section limits any right or remedy that cannot lawfully be excluded or waived under applicable consumer-protection or other mandatory law.

    9. Permits, Code Compliance & Inspections

    Pulling permits, scheduling inspections, ensuring code compliance, and complying with municipal, provincial, and federal regulations are exclusively the Contractor’s responsibility. The Company makes no representation that any work performed via the Platform is or will be permitted, inspected, code-compliant, or eligible for any rebate, warranty, manufacturer registration, or insurance claim. Customers must request proof of permits and inspection results directly from their Contractor.

    10. Property Access, Damage & Pre-Existing Conditions

    By scheduling an installation, the Customer authorizes the assigned Contractor to enter the property for the purpose of performing the requested work. The Customer is responsible for:

    • Disclosing any pre-existing damage, code violations, hazardous materials (including asbestos, mold, lead), structural deficiencies, or unsafe conditions at the worksite before work begins.
    • Ensuring the workspace is reasonably accessible, clear, and safe.
    • Securing pets, valuables, and any persons (including children) who could be affected by the work.

    Pre-existing damage, leaks, corrosion, or code violations discovered during the work are not the Company’s responsibility, and any remediation required to safely complete the install is a private matter between the Customer and the Contractor.

    11. AI Pricing, Estimates & Tank Recommendations

    Pricing ranges, tank recommendations, install-time estimates, savings figures, and any other AI- or algorithm-generated content shown on the Platform are indicative estimates only. They are not binding offers, professional engineering recommendations, or guarantees of any kind. Final pricing and product suitability are determined solely by the independent Contractor after on-site assessment. The Company is not liable for decisions made from these estimates.

    12. Photo, Sign-Off & Work Documentation

    Photos uploaded by Customers or Contractors are used by the Platform to facilitate the auction, verify the install, resolve disputes, and improve the service. By uploading photos and providing electronic sign-off, the Customer grants the Company a non-exclusive, royalty-free, worldwide license to store, process, and display such photos for those purposes. Final electronic sign-off (or the lapse of the 72-hour auto-approval window) constitutes the Customer’s acceptance of the completed work and authorizes payout to the Contractor.

    13. Warranty Disclaimer & Manufacturer Warranties

    Any product warranty (e.g. on water heaters, parts, or fittings) is provided solely by the manufacturer, subject to the manufacturer’s terms. Any workmanship warranty is provided solely by the Contractor. The Company provides no warranty, express or implied, on any product, installation, or workmanship. Warranty claims must be made directly to the applicable manufacturer or Contractor.

    14. Force Majeure

    The Company shall not be liable for any failure or delay in performance arising from events beyond its reasonable control, including acts of God, natural disasters, pandemics, public-health emergencies, government action, labour disputes, supply-chain disruptions, utility failures, or third-party service outages (including Supabase, Stripe, Twilio, email providers, or other dependencies).

    15. Dispute Resolution & Arbitration

    Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered in accordance with the rules of the applicable arbitration body in the Province of Alberta, Canada. You waive any right to participate in a class action lawsuit or class-wide arbitration.

    16. Governing Law

    These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

    17. Severability

    If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

    18. Modification

    We reserve the right to modify these Terms at any time. Changes become effective upon posting to the Platform. Continued use after posting constitutes acceptance of the modified Terms.

    19. No Agency or Employment

    Nothing in these Terms creates an employment, agency, partnership, joint venture, or franchise relationship between the Company and any Contractor or Customer. No party has authority to bind the other.

    20. Entire Agreement

    These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Company regarding your use of the Platform.

    21. Contact

    For questions about these Terms, contact us at service@smarterservice.ca.