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    Terms of Service

    Last updated: March 24, 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.
    • 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;
    • 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. 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 British Columbia, Canada. You waive any right to participate in a class action lawsuit or class-wide arbitration.

    9. Governing Law

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

    10. Severability

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

    11. 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.

    12. 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.

    13. 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.

    14. Contact

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