Terms of service

1. About these terms

These terms of service ("Terms") are an agreement between Project Systems ("we", "us"), a business based in Alberta, Canada, and the person or organization that creates or uses a ProjectSystem workspace ("you").

By creating a workspace, signing in or otherwise using ProjectSystem, you agree to these Terms and to our privacy policy. If you accept these Terms on behalf of a company or other organization, you confirm that you have the authority to bind it, and "you" means that organization.

ProjectSystem is a business tool. You must be at least 18 years old, or the age of majority where you live, to create a workspace.

2. Definitions

• Service: the ProjectSystem web application, its website and related support.
• Workspace: your organization's separate area of the Service, with its own users and data.
• User: a person you give an account in your workspace, in any role.
• Active user: a user whose account is not disabled.
• Your data: everything you or your users put into the Service, such as projects, customers, inventory, timesheets, job logs, documents and photos.
• Subscription: a paid, recurring plan for your workspace.

3. Workspaces and accounts

• Give us accurate information when you sign up and keep your contact email current. We send important notices (billing, security, changes to these Terms) to your workspace admins by email.
• Your admins decide who gets an account and which role they have. You are responsible for your users' activity in your workspace and for making sure they follow these Terms.
• Each account is for one person. Keep passwords confidential and tell us promptly at security@projectsystem.ca if you think an account has been compromised.
• Workspace names are first come, first served. We may reclaim or refuse a name that is misleading, infringes someone's rights or is reserved.

4. Acceptable use

You and your users must not:

• break any law, or use the Service to store or share content you don't have the right to;
• upload malware, or content that is unlawful, harassing, hateful or that infringes others' privacy or intellectual property;
• try to access another workspace's data, probe or break our security, or get around usage limits, except for good-faith security research that follows our disclosure guidelines;
• overload or disrupt the Service, or access it with automated tools in a way that puts more load on it than a person using it normally would;
• resell, sublicense or offer the Service to third parties as your own product, or copy it to build a competing one;
• use the contact form or any other part of the Service to send spam.

If we reasonably believe the Service is being misused, we may suspend the accounts or workspace involved. Unless the situation is urgent, we'll tell you first and give you a chance to fix it.

5. Free trial

• A new workspace starts with a free trial of 14 days. No payment details are needed for the trial and we won't charge you unless you choose a subscription.
• During the trial you can use every feature except file uploads (documents, photos, receipts and product photos), which become available once you subscribe.
• When the trial ends without a subscription, your workspace becomes read-only: your users can still sign in, view it and download documents and photos, but nothing can be added or changed. An admin can subscribe at any time to restore full access. If the workspace stays read-only for 30 days, it may be deleted (see Deletion).
• Trials are for evaluating the Service, one per organization. We may change or end the trial offer for new sign-ups at any time; that doesn't affect a trial already running.

6. Subscriptions and billing

• Price. Subscriptions are priced per active user per month, using the graduated per-user rates on our pricing page at the time you're billed. Prices are in Canadian dollars.
• Payment. You pay by credit card through our payment processor, Stripe. By subscribing you authorize us, through Stripe, to charge your card for each billing period. Stripe emails a receipt for each payment.
• Automatic renewal. Subscriptions are billed monthly and renew automatically each month until you cancel.
• Number of users. Your bill is based on the number of active users in your workspace. Users added during a billing period are charged a prorated amount for the rest of that period. Your billing settings show the current count and the next charge.
• Failed payments. If a payment fails, we'll email your admins and Stripe will retry the card. If the invoice is still unpaid 7 days after the first failed attempt, your workspace becomes read-only. Paying the outstanding invoice or updating your card restores full access. A workspace that stays read-only for 30 days may be deleted (see Deletion).
• Price changes. We'll give your admins at least 30 days' notice by email before a price increase applies to your subscription. If you don't agree, you can cancel before it takes effect.
• Taxes. Applicable taxes may be added in the future. If they are, we'll show them on your invoices and tell you in advance.
• Refunds. Fees already paid are not refundable, including for partial months or unused accounts, except where the law requires otherwise or where we've made a billing mistake.

7. Cancellation and termination

• By you. You can cancel your subscription at any time from your workspace's billing settings or by emailing privacy@projectsystem.ca. There's no cancellation fee. Your subscription runs to the end of the billing period you've already paid for and isn't renewed; we don't refund the unused part of that period. When it ends, your workspace becomes read-only (see Your data for export and deletion).
• By us. We may suspend or end your access if you seriously or repeatedly break these Terms, if fees remain unpaid, or if the law requires it. Except where there's a risk of harm to the Service or others, we'll give you notice and a reasonable chance to fix the problem first. If we stop offering the Service altogether, we'll give at least 90 days' notice, refund any fees paid for time after the shutdown and help you export your data.
• Sections 8, 12 to 15, 17 and 18 continue to apply after these Terms end.

8. Your data

• Ownership. You own your data. These Terms don't give us any ownership of it.
• Our use of it. You give us permission to store, copy, process and display your data only as needed to provide, secure, back up and support the Service for you, and as required by law. We don't sell your data and we don't use it for advertising.
• Your responsibilities. You are responsible for your data and for having the right to put it into the Service, including any consents needed for personal information about your employees and customers.
• Export. Your users can download documents and photos at any time, including while the workspace is read-only. On request from an admin to privacy@projectsystem.ca, we'll provide a copy of your workspace data in a common machine-readable format within 30 days. If you ask for an export while the workspace is read-only, we won't delete the workspace until we've provided it.
• Deletion. An admin can ask us to delete the workspace and its data at any time; we'll do so within 30 days of confirming the request. If a workspace has been read-only (trial ended, payment not received or subscription ended) for 30 days, we may permanently delete it and its data. When a workspace becomes read-only we email its admins the date after which it may be deleted, so they can subscribe again or export their data before then. Deletion isn't instant or automatic: the workspace may remain for some time after that date, but you shouldn't rely on it. Copies in our backups are removed as those backups expire, within about six months.

9. Privacy and service providers

Our privacy policy explains how we handle personal information, under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and Alberta's Personal Information Protection Act (PIPA). For personal information about your employees, customers and other people that you put into your workspace, you decide what is collected and why, and we process it on your behalf to provide the Service.

We use these service providers to run the Service, and we will update the privacy policy before adding new ones:

10. Security and breaches

We use reasonable technical and organizational safeguards appropriate to the sensitivity of the information, described on our security page. No system is perfectly secure, and you're responsible for managing your users and their access.

If we become aware of unauthorized access to your data, we'll notify your admins without unreasonable delay, tell you what we know and what we're doing about it, and make the notifications and reports required by PIPEDA and Alberta's PIPA, including to the Office of the Privacy Commissioner of Canada and the Office of the Information and Privacy Commissioner of Alberta where the law requires it.

11. Availability and changes

• We work to keep the Service available and fast, but we don't guarantee any particular uptime. We may need to interrupt it for maintenance, ideally outside business hours in Alberta.
• We improve the Service continually and may add, change or remove features. If we remove a feature you rely on in a way that materially reduces what you're paying for, we'll tell you in advance and you can cancel.
• Support is provided by email on a reasonable-efforts basis.
• If you send us ideas or feedback, we may use them without any obligation to you.

12. Our intellectual property

The Service, its software, design and content (other than your data) belong to us or our licensors. During your subscription or trial we give you and your users a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes under these Terms. You may not copy, modify, reverse engineer or decompile it, except where the law expressly allows.

13. Disclaimers

Except as expressly set out in these Terms, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.

ProjectSystem helps you track work, hours, materials and costs. It is not accounting, payroll, tax, legal or engineering advice. You are responsible for checking the figures you rely on, such as timesheet totals and job costs, before using them for payroll, invoicing or other decisions.

14. Limitation of liability

To the fullest extent permitted by law:

• neither party is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised they were possible; and
• each party's total liability arising out of or relating to these Terms or the Service is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim (or, if you've only used the free trial, one hundred Canadian dollars).

These limits don't apply to your payment obligations, to your obligations under section 15, or to liability that cannot be limited by law.

15. Indemnity

You will defend and compensate us for third-party claims, and the reasonable costs that come with them, arising from your data or from your or your users' breach of these Terms or misuse of the Service.

16. Changes to these terms

We may update these Terms from time to time. We'll post the new version here with its date and, for material changes, email your admins at least 30 days before they take effect. If you keep using the Service after the changes take effect, you accept the new Terms; if you don't agree, you can cancel before then.

17. Governing law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. You and we agree to the exclusive jurisdiction of the courts of Alberta for any dispute about these Terms or the Service, unless the law gives you a right to bring a claim elsewhere.

18. General

• These Terms and the privacy policy are the whole agreement between you and us about the Service and replace any earlier agreement on the same subject.
• If any part of these Terms is found to be unenforceable, the rest stays in effect.
• If we don't enforce a right straight away, we haven't given it up.
• You may not transfer these Terms without our written consent. We may transfer them to a successor to our business, with notice to you.
• Neither party is responsible for delays or failures caused by events beyond its reasonable control.
• We can give you notices by email to your workspace admins or in the Service; you can give us notices by email to the address below.

19. Contact

Questions about these Terms: privacy@projectsystem.ca.