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Terms & Conditions

Effective June 29, 2026 · Version 2026-06-29

BY CLICKING THE "ACCEPT" BUTTON, CHECKING AN "I AGREE" BOX, OR OTHERWISE ACCESSING OR USING THE SOLUTION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SOLUTION.

1.1 Scope

The Construction App Inc. ("we," "us," "our," or the "Company") has developed and operates The Construction App, a suite of mobile and web applications offered as software-as-a-service for the management of construction projects, sites, crews, and related workflows (the "Solution").

These Terms & Conditions (the "Agreement") govern the access to and use of the Solution by the customer identified at sign-up (the "Customer," "you," or "your") and apply to all services we provide through our mobile applications (the "App"), our web application at theconstructionapp.app (the "Site"), and any associated portals, integrations, or APIs (collectively, the "Solution").

Where we provide additional services (such as onboarding, configuration, training, or data migration), those services will be subject to this Agreement and any additional written terms agreed between the parties.

1.2 The Solution

(a) The Solution is intended to operate on currently supported versions of mainstream mobile operating systems (e.g., Android and iOS) and Chromium-based web browsers (e.g., Chrome and Edge). The Customer agrees that we may modify, update, or change the Solution at any time and in our sole discretion, including (without limitation) for compatibility with operating systems, browsers, applicable laws, or security requirements.

(b) If a change to the Solution materially degrades or removes functionality the Customer has actively been using, and we are unable to restore comparable functionality within thirty (30) days after written notice from the Customer, the Customer may terminate this Agreement on written notice without further fee, except for fees accrued through the termination date.

(c) If a change to the Solution will require additional software or hardware on the Customer's side to maintain full functionality, we will use commercially reasonable efforts to provide at least four (4) weeks' advance notice.

1.2.1 Customer responsibilities

It is the Customer's responsibility to:

  • provide and pay for its own internet access and any data or service fees;
  • train its end-users in basic application access, mobile-device security, and safe use of the Solution;
  • provide any device-level or basic technical support its end-users require;
  • provide and maintain its own computer hardware and mobile devices, and bear responsibility for any degradation of those devices;
  • ensure proper account setup, permissioning, and access control for the users to whom it grants access;
  • ensure end-users are running a currently supported version of the App;
  • be responsible for compatibility with any third-party application, integration, or extension the Customer chooses to use; and
  • manage email-allow-listing and other security configurations needed to receive emails and notifications from our domains.

1.2.2 Permitted use

The Customer may use the Solution only for lawful purposes and only for the Customer's own internal business operations. Any use of the Solution that violates this Agreement, applicable law, or our Acceptable Use Policy is a breach of this Agreement. We will give the Customer written notice of any such breach. If the breach is not corrected within thirty (30) days, we may suspend or terminate the Customer's access to the Solution. The Customer is responsible for the conduct of its end-users on the Solution.

1.2.3 Third-party providers

We may engage third parties (including hosting providers, analytics providers, payment processors, and communications providers) to perform some of our obligations under this Agreement. We remain responsible for the performance of any such third-party services to the same extent as if we performed them ourselves.

1.3 Data Protection and Data Security

(a) Any corporate or personal data the Customer or its users submit through the Solution ("Customer Data") is handled in accordance with this Agreement and our Privacy Policy. The Customer is responsible for ensuring that any disclosure of Customer Data to us is permissible under applicable law and that such Customer Data has been collected, processed, and transferred in compliance with all applicable laws.

(b) We will use Customer Data only as necessary to provide and support the Solution, to comply with our legal obligations, and as otherwise authorized by the Customer.

(c) Customer Data is hosted on third-party cloud infrastructure within logically separated environments, intended to ensure that other customers and third parties do not have access to the Customer's data.

(d) We will employ commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, and will require subcontractors handling Customer Data to maintain comparable safeguards.

(e) The Customer is provided with user IDs and passwords that allow it to access the Solution. The confidentiality of Customer Data depends on the Customer protecting these credentials. If the Customer believes any credential has been compromised, the Customer must notify us promptly so we can disable or reset the affected access.

1.3.1 Support and incident response

In the event of an issue affecting the Solution, we will use commercially reasonable efforts to investigate and address reported issues in a timely manner, prioritizing them based on their severity and impact on your use of the Solution.

Support is available by emailing feedback@theconstructionapp.ca during posted business hours, or by submitting a ticket via in-app support tools.

1.4 Use for Reference Purposes

We may identify the Customer by name and logo as a customer of The Construction App on our website, in case studies, and in similar marketing materials. The Customer may withdraw this permission at any time by written notice. Press releases and detailed case studies that name the Customer will only be issued with the Customer's prior written consent.

1.5 Use of the Solution and Ownership of Data

(a) The Solution, including all software, documentation, designs, workflows, templates, and any customizations or improvements developed by us, is owned by the Company. All intellectual property rights in and to the Solution remain with the Company. The Customer is granted a limited, non-exclusive, non-transferable, revocable right to access and use the Solution during the term of this Agreement, solely as expressly permitted herein.

(b) The Customer may not use the Solution to provide services to third parties on a service-bureau or outsourcing basis, and may not resell, sublicense, rent, or otherwise transfer access to the Solution, except with our prior written consent.

(c) The Customer may grant access to the Solution to its employees and to permitted third-party contractors ("Collaborators"), provided that the Customer requires each such user to agree to the End-User Services Agreement and the Acceptable Use Policy. The Customer is responsible for the acts and omissions of its users and Collaborators as if they were its own.

(d) Except as expressly permitted, the Customer (and any third party acting on its behalf) shall not copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, create derivative works from, or attempt to derive the source code of the Solution.

(e) Customer Data remains the exclusive property of the Customer. We will not sell, trade, or disclose Customer Data to third parties except as permitted under this Agreement or required by law.

(f) Following termination of this Agreement, Customer Data will remain available to the Customer for export for ninety (90) days using the Customer's existing access credentials and the Solution's native export tools (e.g., CSV or PDF). After this 90-day period, we may delete or anonymize the Customer's data, except where retention is required by law.

1.6 Term, Billing, and Termination

(a) This Agreement comes into force on the date the Customer first accepts these terms (the "Commencement Date") and continues until terminated in accordance with this Section.

(b) The Construction App is offered on a month-to-month subscription basis with no minimum commitment unless otherwise expressly agreed in writing. Either party may terminate this Agreement for convenience by providing written notice at least thirty (30) days before the next billing date, in which case the Agreement will terminate at the end of the then-current billing period.

(c) Subscription fees are billed in advance for each billing cycle (monthly or, if elected, annually) at our then-current pricing for the plan and number of seats in use. Fees already paid are non-refundable except where required by law or as expressly stated in this Agreement.

(d) We may revise pricing on at least thirty (30) days' prior notice. Revised pricing takes effect on the next billing cycle following the notice period. If the Customer does not agree to the revised pricing, the Customer may terminate the Agreement before the new pricing takes effect.

(e) Either party may terminate this Agreement immediately on written notice if the other party (i) commits a material breach that is not cured within thirty (30) days of written notice describing the breach, or (ii) becomes insolvent, files for bankruptcy, makes an assignment for the benefit of creditors, or has a receiver, trustee, or similar officer appointed over its assets.

(f) Upon termination of this Agreement for any reason, the Customer's right to access and use the Solution will end. Sections that by their nature should survive termination (including ownership, confidentiality, disclaimers, limitations of liability, and governing law) will survive.

1.7 Fees and Payment

(a) The Customer will pay all fees set out in the applicable order, sign-up flow, or pricing page, plus any applicable taxes. Unless otherwise stated, fees are quoted and payable in Canadian dollars for Customers located in Canada and in U.S. dollars for Customers located outside Canada.

(b) Fees are charged automatically to the Customer's designated payment method (e.g., credit card or other supported method) on each billing date. The Customer authorizes us to charge that payment method for all amounts owed under this Agreement.

(c) The Customer is responsible for keeping its billing details accurate and up to date. If a payment is declined or overdue, we may suspend access to the Solution until the amount is paid in full and may charge interest at the lower of one and a half percent (1.5%) per month or the maximum rate permitted by applicable law.

(d) Charges are based on the number of seats provisioned. We may periodically reconcile the number of active users; if more users have been added than the Customer's current plan covers, we will invoice (or charge) for the additional usage on a pro-rata basis.

(e) Implementation, onboarding, training, and any custom-development fees are non-refundable.

1.8 Disclaimers and Limitation of Liability

(a) We have the right and necessary permissions to provide the Solution to the Customer. If a third party brings a claim against the Customer alleging that use of the Solution as authorized under this Agreement infringes that third party's intellectual-property rights, we will, subject to the conditions set out below, defend the claim and indemnify the Customer for damages and reasonable attorneys' fees finally awarded by a court of competent jurisdiction or agreed in settlement. The Customer must (i) promptly notify us in writing of the claim, (ii) give us sole control over the defence and settlement, and (iii) provide reasonable cooperation at our expense. This Section sets out our sole liability and the Customer's exclusive remedy with respect to any such claim.

(b) We have no responsibility to the Customer other than as expressly set out in this Agreement. Without limitation, we are not responsible for:

  • data, mobile, or internet charges incurred by the Customer or its users;
  • the condition, performance, or degradation of the Customer's computer hardware, mobile devices, or networks;
  • the Customer's compliance with building codes, occupational health and safety laws, workplace safety practices, electrical codes, environmental regulations, or any other laws or industry standards — any forms, checklists, or procedures available within the Solution are general guidelines only and are not endorsements, certifications, or substitutes for professional judgment;
  • delivery of data to the Solution where the Customer's users are at a location without internet or data connectivity;
  • the timely or accurate delivery of push notifications, SMS, or email reminders;
  • personal injury, death, property damage, or other harm referenced or recorded within forms, inspections, or processes used through the Solution; and
  • any third-party products or services the Customer chooses to integrate with the Solution.

(c) THE SOLUTION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOLUTION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT LOST OR DAMAGED.

(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(e) IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID BY THE CUSTOMER TO US UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

1.9 Indemnification by Customer

The Customer will defend, indemnify, and hold harmless the Company and its directors, officers, employees, and contractors from and against any third-party claim, demand, action, loss, or expense (including reasonable attorneys' fees) arising out of or relating to (a) the Customer's or its users' use of the Solution in breach of this Agreement or applicable law; (b) the Customer Data, including any claim that the Customer Data infringes a third party's rights or violates applicable law; or (c) bodily injury, death, or property damage alleged to result from work, inspections, or activities documented or coordinated through the Solution.

1.10 Confidentiality

Each party may have access to information that the other party treats as confidential, including non-public business, financial, technical, and operational information ("Confidential Information"). Each party will use Confidential Information only to perform its obligations under this Agreement and will protect it using at least the same degree of care it uses to protect its own confidential information of similar importance, but in any case no less than reasonable care. Confidential Information does not include information that is publicly available through no fault of the receiving party, was rightfully known by the receiving party before disclosure, or is independently developed without use of the disclosing party's information.

1.11 General Provisions

(a) Governing law and jurisdiction. This Agreement, and any dispute or claim arising out of or in connection with it, is governed by the laws of the Yukon Territory and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of the Yukon Territory.

(b) Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

(c) Entire agreement; order forms. This Agreement constitutes the entire agreement between the parties regarding the Solution and supersedes any prior or contemporaneous agreements on the subject. Any pre-printed terms on a Customer purchase order are rejected; we accept purchase orders for invoicing-reference purposes only.

(d) Assignment. The Customer may not assign or transfer this Agreement, in whole or in part, without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

(e) Notices. Notices to us must be sent to feedback@theconstructionapp.ca or to 12A Burns Road, Whitehorse, YT, Canada. Notices to the Customer may be sent to the email address associated with the Customer's account.

(f) Force majeure. Neither party will be liable for delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, natural disasters, labour disputes, internet or hosting outages, governmental action, or pandemic.

(g) Independent contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

(h) Changes to this Agreement. We may update this Agreement from time to time. Material changes will be communicated by email to the Customer's account contact and/or by in-app notice. Continued use of the Solution after the effective date of the change constitutes acceptance of the updated Agreement. If the Customer does not agree, the Customer may terminate under Section 1.6(b).