Terms of Service

By creating an account, accessing the platform, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.

Gain-Op is a cloud-based contractor operations platform that provides tools for estimating, job costing, scheduling, customer relationship management (CRM), quoting, invoicing, payroll tracking, time tracking, and business intelligence. The platform is designed for contractors, trades professionals, and construction businesses operating primarily in Canada.

Gain-Op is a multi-tenant Software as a Service (SaaS) platform. Each company account operates in a fully isolated environment. Your data is segregated from all other tenants and is accessible only to authorized users within your company.

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and accept all risks of unauthorized access to your account
• Promptly notify Gain-Op of any unauthorized use of your account
• Not share your account credentials with others, except through the platform's role-based access control (RBAC) system for inviting team members

The account owner (typically the company administrator) is responsible for all activity under their company account, including the actions of invited team members. Gain-Op provides role-based access controls to help you manage permissions for different team members.

Access to the Gain-Op platform may require a paid subscription. By subscribing, you agree to the following:

• Billing: Subscription fees are billed in advance on a monthly or annual basis through Stripe. All amounts are in Canadian Dollars (CAD) unless otherwise stated.
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date. You may cancel at any time through your account settings.
• Refunds: Subscription fees are generally non-refundable. Refunds may be issued at Gain-Op's sole discretion for billing errors or service issues.
• Price Changes: Gain-Op may change subscription pricing with at least 30 days' written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
• Taxes: You are responsible for all applicable taxes, including GST/PST/HST as required by Canadian law.

You agree not to use the Service to:

• Violate any applicable local, provincial, national, or international law
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable
• Attempt to gain unauthorized access to other users' accounts, data, or the platform's underlying systems
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Service
• Use the Service to build a competing product or replicate the core functionality of the platform
• Transmit any malware, viruses, or other harmful code through the Service
• Use automated tools to scrape, crawl, or extract data from the Service without written permission
• Exceed reasonable usage limits or engage in activity that negatively impacts the performance or availability of the Service for other users

Gain-Op reserves the right to suspend or terminate any account found to be in violation of this policy, with or without prior notice.

Your Data: You retain full ownership of all business data you input into the platform. This includes but is not limited to: customer information, leads, quotes, estimates, invoices, time entries, employee records, project details, and material specifications.

Data Portability: Upon request, Gain-Op will provide an export of your data in a standard machine-readable format (CSV or JSON) within 30 days. This right survives account termination for a period of 30 days.

Our Data: Gain-Op may collect and use anonymized, aggregated data derived from your usage of the platform for the purposes of improving the Service, generating industry benchmarks, and conducting analytics. This aggregated data will never identify you or your company.

The Service, including its original content, features, functionality, design, code, algorithms, pricing models, and underlying technology, is and will remain the exclusive property of Gain-Op and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws of Canada and international jurisdictions.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes, subject to these Terms. This licence does not include the right to:

• Modify, copy, or create derivative works based on the Service
• Resell, sublicence, or distribute the Service to third parties
• Use any Gain-Op trademarks, logos, or branding without prior written permission
• Extract or replicate the pricing engine, estimation algorithms, or proprietary calculation logic

Each party agrees that all business, technical, and financial information obtained from the other party constitutes confidential information. Both parties agree to take reasonable precautions to protect the other's confidential information with the same degree of care as they protect their own confidential information, but in no event with less than reasonable care.

This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully in the receiving party's possession prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law.

The Service is provided on an “as is” and “as available” basis. Gain-Op makes no warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement. Gain-Op does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

The Gain-Op estimating and pricing tools are designed to assist with estimating and do not constitute professional engineering, architectural, or financial advice. You are solely responsible for verifying estimates, quotes, and calculations before presenting them to clients or relying on them for business decisions.

To the maximum extent permitted by applicable law, in no event shall Gain-Op, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Errors or inaccuracies in estimates, quotes, calculations, or reports generated by the Service

In no event shall Gain-Op's total liability exceed the amount you have paid to Gain-Op in the twelve (12) months preceding the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless Gain-Op and its licensors, service providers, employees, agents, officers, and directors from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your use of the Service caused damage to a third party.

Gain-Op may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason, including but not limited to a breach of these Terms.

You may terminate your account at any time through your account settings or by contacting us. Upon termination:

• Your right to use the Service will cease immediately
• You may request a data export within 30 days of termination
• After 30 days, all data associated with your account may be permanently deleted
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitation of liability

These Terms shall be governed 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 provisions.

Any disputes arising under or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be resolved through binding arbitration conducted in Victoria, British Columbia, under the rules of the British Columbia International Commercial Arbitration Centre (BCICAC).

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

Gain-Op reserves the right to modify or replace these Terms at any time. We will provide at least 30 days' notice of material changes via email or in-app notification. Your continued use of the Service after such changes constitutes acceptance of the revised Terms.

If you do not agree to the new terms, you may terminate your account before the changes take effect.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

The failure of Gain-Op to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and Gain-Op regarding the use of the Service. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Gain-Op regarding the Service.

If you have any questions about these Terms of Service, please contact us at:

Thank you for choosing Gain-Op. We are committed to providing a reliable, secure, and powerful platform for your contracting business.