Terms of service

00Before you start

Welcome, and thank you for your interest in Linq Technologies Inc. (doing business as Linq) ("Linq", "we", "our", or "us"), our website at https://linqsystem.com including its subdomains (the "Site"), and our field service management platform, applications, phone and messaging systems, and related services (together with the Site, the "Service"). These Terms of Service are a legally binding contract between you and Linq regarding your use of the Service.

Section 01Overview

The Site provides information about Linq and our field service management software. The Service allows businesses ("Clients") to manage scheduling, dispatch, customer records, estimates, invoicing, payments, phone calls, text messages, and related business operations, including features powered by artificial intelligence.

Section 02Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use. By accessing or using the Service, you represent and warrant that your access and use comply with all applicable laws and regulations. If you are accessing the Service on behalf of an entity, organization, or company, then (a) "you" refers to that entity, and (b) the individual accessing or using the Service on your behalf represents and warrants that they have authority to bind that entity to these Terms.

Section 03Accounts and registration

To use most features of the Service, you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including activity by team members you add to your account. Notify us immediately at [email protected] if you suspect unauthorized use of your account.

Section 04Subscriptions, fees, and billing

(a) Fees

Paid features of the Service are offered on a subscription basis at the prices and plan levels published on our pricing page or otherwise agreed with you in writing. Applicable taxes, including GST, HST, PST, and applicable US state and local taxes, are additional unless stated otherwise.

(b) Billing and renewal

You authorize us and our payment processors to charge your payment method on file for all fees due.

(c) Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period, and you retain access until then.

(d) Price changes

We may change subscription prices with at least 30 days' notice. Changes take effect at the start of your next billing period. If you do not agree to a price change, cancel before it takes effect.

(e) Non-payment

If your payment method fails or your account is past due, we may suspend or limit access to the Service until amounts owing are paid.

Section 05Free plans and trials

We may offer free plans, trials, or promotional access. We may modify, suspend, or discontinue free plans or trials at our discretion with reasonable notice where practical.

Section 06License and license restrictions

(a) Limited license

Subject to your complete and ongoing compliance with these Terms, Linq grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes.

(b) License restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) use the Service for any illegal purpose or in violation of any local, provincial, state, national, or international law; (ii) infringe, misappropriate, or violate any intellectual property rights in or to the Service, including by reproducing, distributing, publicly displaying, or publicly performing the Service or any Materials; (iii) make modifications to the Service; (iv) interfere with or circumvent any feature of the Service, including any security or access control mechanism, usage limit, or plan restriction; (v) reverse engineer or otherwise attempt to discover the source code of the software powering any portion of the Service; (vi) use the Service to develop competing products or services; (vii) resell, sublicense, or provide the Service to third parties as a service bureau without our written permission; or (viii) use, or permit or facilitate others to use, the Service by automated electronic processes, robots, spiders, scrapers, or other programs that monitor, copy, or download data or content found on or accessed through the Service.

Section 07Your content and Customer Data

(a) Ownership and license

As between you and Linq, you own the content and data you and your team submit to the Service, including your business records and Customer Data (personal information about your own customers, as defined in the Privacy Policy). You grant Linq a limited, worldwide, non-exclusive license to host, store, process, transmit, and display that content solely to provide, secure, and support the Service and as described in the Privacy Policy.

(b) Your responsibilities

You are responsible for your content and Customer Data, including its accuracy and lawfulness. You represent and warrant that you have all rights, consents, and permissions necessary to submit that content and data to the Service and to have it processed as described in these Terms and the Privacy Policy, including any consents required to record calls, send text messages, and collect customer information.

(c) Export and deletion

You may export your data using the tools available in the Service.

Section 08Acceptable use

You agree not to use the Service to:

• Send unsolicited or unlawful communications, including calls or messages that violate Canada's Anti-Spam Legislation (CASL), the Telephone Consumer Protection Act (TCPA), CRTC Unsolicited Telecommunications Rules, or applicable carrier and messaging industry requirements;
• Contact individuals without the consents required by applicable law, including consent to receive marketing texts or calls and consent to call recording where required;
• Harass, threaten, defraud, or deceive any person, or impersonate any person or entity;
• Upload or transmit viruses, malware, or other harmful code;
• Violate the privacy, publicity, or intellectual property rights of any third party; or
• Interfere with the operation of the Service or the use of the Service by others.

We may suspend or terminate accounts engaged in prohibited use, and we may cooperate with carriers, regulators, and law enforcement where required.

Section 09Phone, messaging, and emergency services

The Service includes business phone, text messaging, call recording, and AI call answering features. Telephone numbers and connectivity are provided through third-party telecommunications providers, and availability, delivery, and quality of calls and messages depend on networks and carriers outside our control.

Section 10AI features

Parts of the Service use artificial intelligence, including the AI receptionist and AI-assisted content and reporting features. AI outputs are generated automatically and may contain errors, omissions, or inaccuracies. You are responsible for reviewing AI-generated bookings, quotes, messages, and other outputs before relying or acting on them, and for how you use AI features with your customers. We do not guarantee that AI features will answer every call, capture every detail, or produce any particular result. AI features do not provide legal, financial, or other professional advice.

Section 11Payment processing

Payment collection features such as tap-to-pay invoicing and pay links are provided through third-party payment processors. Your use of payment features is subject to the processor's terms and privacy policy, and the processor may require identity and business verification. Linq is not a bank, money transmitter, or payment processor, and is not responsible for the acts or omissions of payment processors, card networks, or financial institutions.

Section 12Third-party services and linked websites

The Service may interoperate with third-party services you choose to connect, such as calendar or accounting tools, and may contain links to third-party websites. Third-party services and websites are not under Linq's control, are governed by their own terms and privacy policies, and Linq is not responsible for them, including any content they contain. Enabling an integration authorizes us to exchange data with that third party as needed to provide the integration.

Section 13Feedback

Do not submit any information or materials through the Site that you consider confidential or proprietary. If you choose to provide input or suggestions regarding the Service ("Feedback"), you do so on a non-confidential basis, regardless of any designation to the contrary, and you grant Linq an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Section 14Ownership and proprietary rights

The Service is owned and operated by Linq. The visual interfaces, graphics, designs, compilations, data, computer code including source code and object code, products, software, and all other elements of the Service (the "Materials") are protected by intellectual property and other laws. All Materials are the property of Linq or its third-party licensors. Except as expressly authorized by Linq, you may not use the Materials. Linq reserves all rights to the Materials not expressly granted in these Terms. Nothing in this Section transfers to Linq any ownership of your content or Customer Data.

Section 15Modification of these Terms

Linq reserves the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change materially modifies your rights or obligations, we will provide notice through the Service or by email, and you may need to accept the modified Terms to continue using the Service. Modifications are effective upon publication unless stated otherwise. Your continued use of the Service after the effective date of modifications constitutes acceptance of those modifications. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arose.

Section 16Modification and availability of the Service

Linq reserves the right to modify or discontinue, temporarily or permanently, all or part of the Service. Where a change materially reduces the core functionality of a paid plan, we will use reasonable efforts to provide advance notice. We do not guarantee that the Service will be uninterrupted or error-free.

Section 17Term and termination

These Terms are effective beginning when you first access or use the Service and continue until terminated as described in this Section. You may stop using the Service and cancel your account at any time; see Section 4(c) for billing effects. If you violate any provision of these Terms, your authorization to access the Service automatically terminates. In addition, Linq may terminate these Terms or your access to the Service for material breach that remains uncured after notice, or immediately where required to protect the Service, other users, or comply with law. Upon termination: (a) your license rights terminate and you must cease all use of the Service; (b) data export and deletion are handled as described in Section 7(c); and (c) Sections 4 with respect to amounts owing, 7(c), 13, 14, and 17 through 22 survive.

Section 18Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Linq and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the "Linq Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable legal fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation, including communications, recording, and privacy laws; (c) your violation of any third-party right, including any intellectual property, publicity, confidentiality, property, or privacy right, including in connection with your content and Customer Data; or (d) any dispute or issue between you and any third party, including your customers. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, and in that case you agree to cooperate with our defense.

Section 19Disclaimers and no warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. LINQ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LINQ DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LINQ DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR LINQ ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE LINQ ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR DEALINGS WITH ANY OTHER USER OR ANY THIRD PARTY, INCLUDING YOUR CUSTOMERS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY LOSS OF DATA, SUBJECT TO SECTION 7(c) AND THE PRIVACY POLICY.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LINQ DOES NOT DISCLAIM ANY WARRANTY, CONDITION, OR OTHER RIGHT THAT IT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, INCLUDING ANY NON-WAIVABLE RIGHTS UNDER APPLICABLE CONSUMER PROTECTION OR SALE OF GOODS LEGISLATION.

Section 20Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LINQ ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT INCLUDING NEGLIGENCE, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LINQ ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE LINQ ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID TO LINQ FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) $100 CAD.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Section 21Dispute resolution and arbitration

(a) Generally

Except as described in Sections 21(c) and 21(d), you and Linq agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration on an individual basis.

(b) Jury trial and class action waiver

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LINQ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW.

(c) Exceptions

You and Linq each retain the right to: (i) bring an individual action in small claims court or the British Columbia Civil Resolution Tribunal, where within its jurisdiction; (ii) seek enforcement of intellectual property rights through applicable government agencies; (iii) request that a court issue injunctive relief in aid of arbitration; and (iv) bring a claim for intellectual property infringement in court.

(d) Opt-out

If you do not wish to be bound by the arbitration provisions, you may opt out within 30 days of first agreeing to these Terms by sending written notice to: Linq Technologies Inc., Attention: Legal, Arbitration Opt-Out,, British Columbia, Canada, or by email to [email protected]. Include your full legal name, account email address, and a clear statement that you wish to opt out of arbitration.

(e) Arbitrator and rules

(f) Commencing arbitration

Before commencing arbitration, you must send a written Notice of Dispute to Linq at the address or email in Section 21(d). The notice must identify the claiming party, describe the nature of the dispute, and specify the relief sought. You and Linq will have 30 days to attempt to resolve the dispute directly. If unresolved, either party may commence arbitration.

(g) Proceedings

Hearings will take place in Vancouver, British Columbia, remotely by video, or in another location the parties agree to. For claims under $10,000 CAD not seeking injunctive relief, you may elect document-only or video proceedings. The arbitrator will issue a reasoned written decision. The award is final and binding, except as judicial review or appeal is permitted under applicable law.

(h) No class arbitrations

YOU AND LINQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

(i) Modifications to this arbitration provision

If Linq makes any substantive change to this arbitration provision, you may reject the change within 30 days by written notice to Linq's address, in which case your account will terminate and the prior arbitration provision will survive.

(j) Enforceability

If the class action waiver in Section 21(h) is found unenforceable, or the entirety of this Section 21 is found unenforceable, then this Section 21 will be null and void, and disputes will be resolved by the courts as described in Section 22(b).

Section 22Miscellaneous

(a) General terms

These Terms, together with the Privacy Policy and any Additional Terms, form the complete and exclusive understanding between you and Linq regarding the Service. You may not assign or transfer these Terms without Linq's consent; Linq may assign these Terms in connection with a merger, acquisition, financing, or sale of assets. Failure to enforce any provision does not waive future enforcement. Section headers are for convenience only. If any part of these Terms is held invalid, the remaining parts remain enforceable. Neither party is liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control.

(b) Governing law

THESE TERMS ARE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any lawsuit permitted under these Terms, you and Linq submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, except where applicable law grants you a non-waivable right to bring a claim elsewhere.

(c) Privacy Policy

Please read the Linq Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information and how we handle your customers' information. The Privacy Policy is incorporated into and made a part of these Terms.

(d) Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines posted on or linked from the Service (collectively, "Additional Terms"), including any terms governing payment features, telephony, or specific integrations. All Additional Terms are incorporated by this reference into these Terms.

(e) Contact information

Linq Technologies Inc. (doing business as Linq) is located at, British Columbia, Canada. You may contact us by sending correspondence to that address or by emailing [email protected].

(f) Notice to California residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

(g) Use in Canada and the United States

The Service is intended for users located in Canada and the United States. We make no representation that the Service is appropriate or available for use in other locations. Access to the Service from jurisdictions where its use is illegal is prohibited.