ScopeMark Terms of Service.

1. Agreement to These Terms

These Terms of Service form a binding agreement between you and Apptology Inc., operating as ScopeMark. "ScopeMark," "we," "us," and "our" refer to Apptology Inc. "You" refers to any person or organization that accesses or uses ScopeMark, including contractors, service seekers, business users, administrators, invited users, and visitors.

By creating an account, clicking an acceptance button, signing an order form, posting a job, submitting a bid, accepting a bid, using a ScopeMark app, or otherwise using ScopeMark, you agree to these Terms and to any additional terms, policies, payment rules, or marketplace rules presented to you.

If you use ScopeMark on behalf of a company, property owner, facility, contractor business, or other organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility and Business Use

ScopeMark is intended for business and commercial use by users who are at least 18 years old and able to enter into binding contracts. You may not use ScopeMark if you are prohibited from doing so by law, if we previously suspended or terminated your account for cause, or if you cannot meet the requirements applicable to your role on the platform.

ScopeMark is not intended for emergency services, life-safety dispatch, consumer home repair emergencies, medical emergencies, or any situation where delayed or failed communication could cause injury, property damage, legal non-compliance, or other serious harm.

3. Accounts and Security

You must provide accurate, current, and complete information and keep it updated. You are responsible for all activity under your account, including activity by employees, subcontractors, administrators, invited users, or anyone using your login credentials.

• You must keep login credentials confidential and secure.
• You must promptly notify ScopeMark if you suspect unauthorized access or account misuse.
• You may not share accounts in a way that avoids fees, verification, role limits, or security controls.
• We may require identity, business, payment, or compliance verification before enabling or continuing access to certain features.

4. ScopeMark's Marketplace Role

ScopeMark provides technology that helps service seekers find verified contractors, post work, receive bids, manage milestones, document work, communicate, and process payment workflows. Unless we expressly agree otherwise in writing, ScopeMark is not a contractor, subcontractor, employer, construction manager, general contractor, engineering firm, architecture firm, safety inspector, insurer, payment guarantor, or legal representative for any user.

Contractors and service seekers contract directly with each other for trade work. ScopeMark is not responsible for the means, methods, safety practices, workmanship, site supervision, code compliance, permits, employment obligations, tax obligations, or legal obligations of contractors or service seekers.

5. Contractor Responsibilities

Contractors are responsible for performing work safely, lawfully, professionally, and in accordance with the accepted scope, applicable laws, codes, standards, permits, licences, manufacturer instructions, and site rules.

• You must maintain all required licences, certifications, insurance, WSIB coverage or exemptions, permits, safety training, and qualifications.
• You must provide accurate credential, insurance, tax, banking, and availability information.
• You must not bid on or accept work that you are not legally qualified, insured, equipped, or available to perform.
• You are responsible for your employees, assistants, subcontractors, tools, materials, vehicles, safety practices, and taxes.
• You must promptly report site hazards, scope conflicts, access issues, material changes, or work that cannot be completed safely or lawfully.

ScopeMark may remove, suspend, downgrade, or restrict a contractor profile if credentials expire, verification fails, insurance lapses, payments fail, safety concerns arise, disputes occur, or we believe continued access may create risk for users or ScopeMark.

6. Service Seeker Responsibilities

Service seekers are responsible for providing accurate job information, safe site access, clear project requirements, necessary approvals, and timely milestone review. You are responsible for deciding whether a contractor is suitable for your project.

• You must have authority to post the job, grant site access, approve work, accept bids, and authorize payment.
• You must disclose known hazards, access restrictions, security requirements, site rules, permits, drawings, specifications, and relevant conditions.
• You must review bids, scopes, AI-assisted outputs, milestone submissions, photos, and completion evidence before approving work or payment.
• You must not use ScopeMark to avoid legal obligations, tender rules, procurement policies, safety requirements, or payment obligations.

7. Jobs, Bids, Milestones, and AI-Assisted Features

Job postings, bids, scopes, estimates, timelines, milestones, change requests, and messages are part of the marketplace workflow. Users are responsible for reviewing all information before relying on it, accepting a bid, starting work, approving a milestone, or releasing payment.

AI-Assisted Tools

ScopeMark may provide AI-assisted drafting, scoping, summarization, matching, risk flagging, milestone suggestions, and workflow tools. AI outputs are informational workflow aids only. They are not professional engineering, legal, safety, code, procurement, or trade advice. Users must independently review and approve AI-assisted outputs before using them.

Changes and Site Conditions

If site conditions, materials, access, drawings, hazards, or project requirements differ from the accepted scope, users must document the issue through ScopeMark and agree on any change request, price adjustment, timeline adjustment, or cancellation before proceeding where practical and safe.

8. Fees, Payments, Holds, and Taxes

ScopeMark may charge platform fees, transaction fees, payment processing fees, verification fees, subscription fees, cancellation fees, dispute fees, or other charges disclosed in the platform, an order form, or a written agreement. Fees may vary by user type, project type, market, payment method, promotion, or negotiated agreement.

Payment workflows may include milestone-based payment holds, processor-held funds, escrow-style workflows, invoice consolidation, payouts, refunds, chargebacks, and other financial services provided by ScopeMark or third-party payment providers. Payment availability, timing, reversals, holds, processor requirements, identity verification, tax reporting, and payout eligibility may be subject to third-party payment provider rules.

• Service seekers must pay approved charges, applicable taxes, fees, and authorized project amounts when due.
• Contractors authorize ScopeMark and payment providers to deduct platform fees, processing fees, refunds, chargebacks, adjustments, and amounts owed before payout.
• Contractors are responsible for taxes, source deductions, payroll obligations, remittances, GST/HST registration or collection where applicable, and other reporting obligations.
• ScopeMark may delay, hold, offset, reverse, or refuse payment where required by law, payment processor rules, risk review, fraud review, dispute handling, or these Terms.

Unless expressly stated otherwise, fees are non-refundable once the related service, verification, transaction, or platform access has been provided.

9. Cancellations, Disputes, and Work Evidence

Users should attempt to resolve job issues professionally through ScopeMark's messaging, milestone, photo, and change request tools. ScopeMark may review available evidence, including bids, scopes, messages, photos, check-ins, timestamps, payment records, and platform activity.

ScopeMark may facilitate dispute review, but we are not a court, arbitrator, insurer, safety regulator, trade regulator, or professional certifier. We may make platform decisions about account status, payment holds, refunds, fee adjustments, ratings, and marketplace access based on the information available to us.

10. User Content, Photos, Reviews, and Feedback

You retain ownership of content you submit, including job descriptions, photos, messages, business information, credentials, bids, reviews, and feedback. You grant ScopeMark a worldwide, non-exclusive, royalty-free licence to host, use, reproduce, display, process, transmit, and create derivative works from that content as needed to operate, secure, improve, support, market, and enforce ScopeMark.

You represent that you have the rights and permissions needed to submit content to ScopeMark and that your content is accurate, lawful, and not misleading. Reviews, ratings, endorsements, and profile claims must reflect honest experience and must not be fake, manipulated, paid for without disclosure, defamatory, discriminatory, or misleading.

ScopeMark may remove, restrict, or edit content for formatting, security, legal, marketplace integrity, or policy reasons.

11. Prohibited Conduct

You must not use ScopeMark to:

• Post false, misleading, illegal, unsafe, discriminatory, infringing, abusive, or deceptive content.
• Misrepresent licences, insurance, WSIB status, identity, authority, experience, location, availability, reviews, or payment information.
• Move ScopeMark-originated jobs or relationships off-platform to avoid fees, payment controls, documentation, or safety workflows.
• Harass, threaten, discriminate against, spam, scrape, reverse engineer, interfere with, overload, or compromise ScopeMark or other users.
• Upload malware, exploit vulnerabilities, bypass security controls, access non-public data, or use automated tools without written permission.
• Use ScopeMark for illegal work, unsafe work, emergency dispatch, unlicensed work, consumer scams, money laundering, sanctions evasion, or fraud.

12. Electronic Communications

You consent to receive electronic notices, agreements, disclosures, invoices, receipts, verification requests, job messages, payment notices, security alerts, and other communications through ScopeMark, email, SMS, phone, push notification, or other contact methods you provide.

Some messages are transactional or service-related and may be required for account, job, verification, payment, safety, legal, or security purposes. Marketing messages will be handled in accordance with applicable consent and unsubscribe requirements. You are responsible for keeping contact information current.

13. Privacy

ScopeMark's collection, use, disclosure, retention, and protection of personal information is described in the ScopeMark Privacy Policy. By using ScopeMark, you acknowledge that the Privacy Policy applies to your use of the platform.

14. ScopeMark Intellectual Property

ScopeMark and its software, design, trademarks, logos, text, workflows, data structures, models, graphics, documentation, and other platform materials are owned by ScopeMark or its licensors. Subject to these Terms, ScopeMark grants you a limited, revocable, non-exclusive, non-transferable right to use the platform for authorized business purposes.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, extract, scrape, or create competing products or services from ScopeMark except as permitted by law or by written agreement.

15. Disclaimers, Risk Allocation, and Limitation of Liability

ScopeMark is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, ScopeMark disclaims warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and error-free operation.

ScopeMark does not guarantee that contractors will be available, that service seekers will award work, that work will be profitable, that credentials will remain current, that a job will be completed to a particular standard, that payments will be released without delay, or that platform information will be complete or error-free.

To the maximum extent permitted by law, ScopeMark will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or for loss of business, revenue, data, goodwill, opportunity, or anticipated savings. ScopeMark's aggregate liability for claims arising out of or relating to the platform or these Terms will not exceed the greater of CAD $100 or the fees paid by you to ScopeMark for the specific transaction giving rise to the claim in the three months before the event giving rise to liability.

16. Indemnity

You agree to defend, indemnify, and hold harmless ScopeMark, Apptology Inc., and their directors, officers, employees, contractors, affiliates, service providers, and agents from claims, damages, losses, liabilities, costs, and expenses arising from your use of ScopeMark, your content, your work, your site, your breach of these Terms, your violation of law, your negligence or misconduct, your tax or employment obligations, or disputes between you and another user.

17. Suspension and Termination

ScopeMark may suspend, restrict, or terminate access to the platform, features, jobs, payment workflows, or accounts if we believe that you violated these Terms, created risk, failed verification, failed payment, submitted inaccurate information, engaged in prohibited conduct, or if suspension is required by law, a payment provider, or marketplace integrity concerns.

You may stop using ScopeMark at any time. Termination does not affect amounts owed, payment holds, dispute handling, audit records, confidentiality, intellectual property, indemnity, liability limits, or other provisions that by their nature should survive.

18. Changes to ScopeMark or These Terms

We may update ScopeMark, change features, modify fees, add or remove services, or update these Terms from time to time. Material changes may be communicated through the website, app, email, or account notices. Continued use of ScopeMark after changes become effective means you accept the updated Terms.

19. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to ScopeMark are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law rules.

Unless applicable law requires otherwise, the courts located in Ottawa, Ontario will have exclusive jurisdiction over disputes arising out of or relating to these Terms or ScopeMark. Before filing a claim, users agree to first contact ScopeMark and attempt to resolve the issue in good faith.