Terms of Service

These Terms of Service (also called our Terms of Use; the "Terms") are a legally binding agreement between you and 1001525932 Ontario Inc., a company incorporated under the laws of the Province of Ontario, Canada, operating as Onyt ("Onyt," "we," "us," or "our"). They cover your use of our website at onyt.app, our web application, our mobile application for iOS and Android (the "App"), and all related services (together, the "Service").

By creating an account, or by accessing or using the Service in any way, you confirm that you have read, understood, and agree to these Terms. You also agree to our Privacy Policy and Cookie Policy, which form part of these Terms. If you are accepting these Terms on behalf of a business or other legal entity, you confirm that you have authority to bind it. In that case "you" means that entity. If you do not agree, do not use the Service.

These Terms apply to Operators in Canada and the United States. Where a provision refers to a specific Canadian or US law, it applies only to the extent that law applies to the Operator's business or its End Customers.

• “Operator”: a business owner who registers an Account.
• “Authorized User”: an employee or contractor given access under an Operator’s Account. Operators are responsible for their Authorized Users’ conduct and compliance with these Terms.
• “End Customer”: a customer of an Operator who uses the Service through a booking page, quote, invoice, payment link, or text message.
• “Account”: the account an Operator creates to access the Service.
• “Customer Data”: all data submitted to, collected by, or generated through the Service by or for an Operator. This includes scheduling records, quotes, invoices, payment records, team member records, photos, and personal information about End Customers.
• “Subscription”: the paid plan that gives an Operator access to the Service for a billing period.
• “Third-Party Services”: services from independent third parties that are integrated with the Service (see Section 11).

You must be at least 18 years old and able to form a binding contract to use the Service. The information you provide must be accurate, current, and complete, and you must keep it up to date. You are responsible for keeping your login credentials confidential and for all activity under your Account. Tell us immediately at admin@onyt.app about any unauthorized use. Onyt is not liable for loss caused by your failure to safeguard your credentials.

Operators may invite Authorized Users and assign their roles. Operators are responsible for giving each Authorized User appropriate access, and for removing it promptly when that person's employment or engagement ends.

Onyt helps mobile detailing businesses and similar service operators with scheduling and calendar management, online booking, automated client messaging, quotes and invoicing, payment collection, team management, job-time location sharing, job photos, and reporting. We may add, change, suspend, or discontinue features at any time. We will use reasonable efforts to notify Operators before any material reduction in functionality that affects a paid Subscription.

The Service is a business-management tool only. Onyt is not a party to the detailing, automotive, or other services that Operators provide to their End Customers. It has no responsibility for the quality, safety, legality, or outcome of those services.

Some features may pre-fill your Account with information from your existing public website or profiles, or may estimate travel time between appointments using a mapping provider. You are responsible for reviewing and correcting this information before relying on it. We do not guarantee that imported information or travel-time estimates are accurate. We will not send your personal information to a third-party artificial intelligence service without first asking for your explicit permission, as described in our Privacy Policy.

After any free trial, using the Service requires a paid Subscription. Current plans and prices are shown on our website or in the App. We will give at least 30 days' notice of any price change before it affects you. Subscriptions are billed in advance, monthly, in the currency shown at checkout.

• Web subscriptions are billed by our payment processor, Stripe, to your payment method on file. Manage or cancel them at any time in Settings → Billing on the web dashboard.
• iOS subscriptions are purchased through the Apple App Store and billed by Apple. Section 6 applies to them.
• Subscriptions renew automatically at the end of each billing period until you cancel. Cancellation takes effect at the end of the current period. We do not prorate partial periods, except where the law requires it.
• Fees are non-refundable except where required by law, stated in these Terms, or provided by Apple’s refund policies for App Store purchases.
• If a web payment fails, we may suspend access until it succeeds.
• You are responsible for applicable taxes, such as HST/GST in Canada or state and local sales tax in the US, unless you give us a valid exemption certificate.

If you subscribe through the Apple App Store:

• Payment is charged to your Apple ID account when you confirm the purchase, or when any free trial ends.
• Your subscription renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period. Your account is charged for renewal within the 24 hours before the current period ends.
• You can manage or cancel your subscription in your device’s Settings → [your name] → Subscriptions. Deleting the App or your Onyt account does not cancel it.
• Any unused part of a free trial is forfeited when you purchase a subscription.
• Apple handles refunds for App Store purchases under its own policies (reportaproblem.apple.com). Onyt cannot issue refunds for purchases Apple processed.

We may offer free trials or promotional pricing, currently a 7-day free trial for new Operators. Unless you cancel before the trial ends, your Subscription automatically converts to a paid plan at the price shown when you started the trial. We may change or end any trial or promotion that has not yet started, without liability.

Operators control whether bookings require a deposit, the deposit amount, and how End Customers are billed. Each Operator is responsible for setting, disclosing, and honouring its own cancellation, refund, no-show, and deposit policies. Those policies must comply with applicable consumer protection law, including Ontario's Consumer Protection Act, 2002 and the equivalent laws of the Operator's province or state.

Payments from End Customers are processed through the Operator's own connected Stripe account and settled directly to the Operator. Onyt never holds or controls those funds. Disputes about deposits, refunds, or chargebacks are between the Operator, the End Customer, and Stripe. Onyt will provide reasonable technical help retrieving transaction records.

As between you and Onyt, the Operator owns its Customer Data. You grant Onyt a limited, non-exclusive, worldwide license to host, store, copy, transmit, and display Customer Data. We use this license only to provide, maintain, secure, and improve the Service, and to comply with law. Onyt acts as the Operator's service provider (or processor) for Customer Data. We process it only on the Operator's instructions, as given through its use of the Service, unless the law requires otherwise.

Operators are responsible for the accuracy and legality of their Customer Data. They are also responsible for giving End Customers any required notices and for obtaining their consents. We may use aggregated, de-identified data that does not identify any Operator, Authorized User, or End Customer for analytics and product improvement.

We handle personal information as described in our Privacy Policy and in line with applicable law. That includes PIPEDA in Canada and US state privacy laws such as the CCPA/CPRA. Operators are independently responsible for complying with privacy laws for the End Customer information they collect, including responding to consumer rights requests where that obligation falls on them. If a security breach affecting Customer Data creates a real risk of significant harm, we will notify the affected Operator without undue delay and help it meet its own notification obligations.

The Service relies on Third-Party Services, including:

• Stripe: payments and billing.
• Twilio: SMS messages.
• Apple and Google: sign-in and app distribution.
• Supabase and Vercel: database and hosting.
• Expo: push notifications.
• Sentry: crash reporting.
• Map providers: OpenStreetMap, Apple Maps, and Google Maps.

Your use of these services may also be subject to their own terms and privacy policies. Onyt is not responsible for the acts, omissions, availability, or security of Third-Party Services, except to the extent caused by our own gross negligence or wilful misconduct in integrating them. The Service may link to third-party websites. We don't control or endorse those sites, and you use them at your own risk.

Operators’ obligations

Operators are solely responsible for getting valid consent from End Customers before sending commercial electronic messages. This includes consent under Canada's Anti-Spam Legislation (CASL), the Telephone Consumer Protection Act (TCPA), and the CAN-SPAM Act. Every automated message must give recipients a working way to opt out, and Operators must honour opt-outs promptly. Onyt does not verify Operators' consents. Each Operator will indemnify Onyt against claims, fines, or penalties arising from its non-compliance. We may suspend messaging for an Operator we reasonably suspect of breaking this Section or our messaging provider's policies.

SMS program terms

By opting in to text messages from Onyt or from a business using Onyt, you agree to receive SMS messages at the number you provided. These may include appointment confirmations and reminders, account alerts, replies to your inquiries, and, if you agreed to them, promotional messages. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time; you may receive one message confirming your opt-out. Reply HELP, email admin@onyt.app, or call +1 (647) 969-7233 for help. Carriers are not liable for delayed or undelivered messages.

The Service lets an Operator see the location of its Authorized Users during active jobs. Location is shared only after that Authorized User consents, and only from the Onyt web dashboard. Sharing starts no earlier than about one hour before a scheduled job and ends when the job is completed, or after 12 hours at most. Operators are solely responsible for complying with employment and privacy laws on electronic monitoring of workers. For Operators in Ontario, that includes keeping and sharing a written electronic monitoring policy under the Employment Standards Act, 2000. For Operators in the US, it includes state notice or consent requirements such as those in New York, Connecticut, and Delaware.

Location data comes from the device and may be inaccurate, so it must not be treated as a certified or forensic record. The Operator is responsible for how it uses location features and data. That includes any claim about inadequate notice or consent, and any employment decision based on the data.

Authorized Users can take and store before/after photos of End Customers' vehicles for quality control and records. These photos are Customer Data owned by the Operator. Operators should tell Authorized Users to capture only what is needed and to avoid photographing bystanders or unrelated property. Operators must obtain an End Customer's consent before using photos for marketing. We apply the security measures described in Section 21, but you should keep your own backups of media you consider critical.

If the Service lets an Operator request reviews from End Customers, the Operator is responsible for making sure those requests, and any incentives, comply with the law. That includes the Competition Act in Canada and the FTC's rules on endorsements and reviews in the US. Operators must never use the Service to create, buy, or post fake or deceptive reviews.

Operators may upload their business name, logo, and colours to brand their Account and booking page. You give Onyt a limited, non-exclusive license to display this branding solely to operate the Service for you. You confirm that you have the rights to use it, and you will indemnify Onyt against claims that it infringes a third party's rights.

You agree not to:

• Use the Service to break any law or regulation, or to infringe anyone’s intellectual property, privacy, or publicity rights.
• Upload anything unlawful, defamatory, harassing, fraudulent, obscene, or deceptive.
• Send spam or unsolicited messages in violation of Section 12.
• Upload viruses or other malicious code, or interfere with the integrity or performance of the Service.
• Try to gain unauthorized access to the Service, other Accounts, or connected systems, or get around any security or access limits.
• Scrape, crawl, or use automated means to access the Service or extract data, except through features we provide.
• Reverse engineer, decompile, or try to extract source code from the Service or App, except where the law expressly permits it.
• Resell, sublicense, or give access to the Service to anyone other than your own Authorized Users without our written consent, or use it to build a competing product.
• Impersonate any person, or misrepresent your connection with any person or business.

We may investigate suspected violations and may suspend or terminate access where we reasonably believe a violation has occurred.

The Service, including its software, designs, text, graphics, and trademarks, belongs to Onyt and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service, and to install and use the App on devices you own or control, for your internal business purposes. Any feedback or suggestions you send us may be used without restriction or payment to you. All rights not expressly granted are reserved.

These terms apply when you download the App from the Apple App Store or Google Play (each an "App Distributor"):

• These Terms are between you and Onyt only, not with the App Distributor. Onyt, not the App Distributor, is solely responsible for the App and its content.
• Your license to use the App is limited to a non-transferable license on a device running iOS or Android that you own or control, as permitted by the App Distributor’s usage rules. The App may also be used by other accounts associated with you through Family Sharing or volume purchasing where the App Distributor allows it.
• Onyt is solely responsible for maintenance and support of the App. The App Distributor has no obligation to provide any maintenance or support.
• If the App fails to meet any applicable warranty, you may notify the App Distributor, which may refund the purchase price of the App, if any. To the maximum extent permitted by law, the App Distributor has no other warranty obligation for the App. Any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to meet a warranty are Onyt’s responsibility, subject to these Terms.
• Onyt, not the App Distributor, is responsible for addressing any claims by you or any third party about the App or your possession or use of it. That includes product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws.
• If a third party claims that the App or your use of it infringes their intellectual property rights, Onyt, not the App Distributor, is solely responsible for investigating, defending, settling, and discharging that claim.
• You confirm that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply when using the App, such as your wireless data service agreement.
• The App Distributor and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, the App Distributor has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints, or claims about the App can be sent to Onyt at the address in Section 36.

Each party will protect the other's confidential information with at least the care it uses for its own, and no less than reasonable care. Confidential information does not include information that is public through no fault of the receiving party, that it developed independently, or that it lawfully received from a third party without restriction. This Section survives termination.

We maintain commercially reasonable technical and organizational safeguards, including encryption in transit, access controls, and reputable infrastructure providers. No method of transmission or storage is completely secure. Operators are responsible for security practices within their own organization, including protecting credentials and limiting Authorized User permissions.

We use commercially reasonable efforts to keep the Service available. We do not guarantee uninterrupted or error-free operation, and the Service may be unavailable during maintenance or events beyond our control. We don't offer a service-level guarantee or service credits unless we agree to them in writing. Support is provided on a best-efforts basis at admin@onyt.app.

TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ONYT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THIRD-PARTY SERVICES WILL BE ACCURATE OR AVAILABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONYT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THEY WILL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY ARISING FROM THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ONYT'S TOTAL LIABILITY ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE SUBSCRIPTION FEES YOU PAID TO ONYT IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THEM MAY NOT APPLY TO YOU.

You will indemnify, defend, and hold harmless Onyt and its directors, officers, employees, and agents from any third-party claim, loss, or expense, including reasonable legal fees, arising from any of the following: your use of the Service; your Customer Data; your breach of these Terms or of the law; or the services you provide to your End Customers. We will give you prompt notice of any such claim and reasonable cooperation, at your expense.

These Terms apply for as long as you have an Account or an active Subscription. You may cancel your Subscription at any time, as described in Sections 5 and 6. You may also delete your Account at any time, in the App (Settings → Account & Profile → Delete Account) or on the web dashboard (Settings → Account Settings → Delete Account).

We may suspend or terminate your access immediately for any of the following: material breach of these Terms; non-payment; suspected fraud; or conduct we reasonably believe puts the Service, other users, or Onyt at risk. We may also end these Terms for convenience on at least 30 days' written notice. If we terminate your Account, you may not create a new Account without our permission.

When your Account ends, your right to use the Service ends. If you delete your Account yourself, your data is deleted right away, as described in our Privacy Policy. If we terminate your Account or your Subscription lapses, for 30 days we will make reasonable efforts to let you export your Customer Data in a common format on request. After that, we may delete it, except where we must keep it by law or to resolve disputes or enforce these Terms. Sections 9, 12, 18, 19, 20, and 23 through 31 survive termination.

When you use the Service or email us, you are communicating with us electronically. You agree that agreements, notices, disclosures, and other communications we provide electronically, by email or in the Service, satisfy any legal requirement that they be in writing. You also agree to the use of electronic signatures and records.

Neither party is liable for delay or failure caused by events beyond its reasonable control. Examples include natural disasters, pandemics, government action, labour disputes, internet or telecommunications failures, and failures of Third-Party Services.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The courts located in Toronto, Ontario have exclusive jurisdiction over any dispute arising from these Terms. Either party may still seek injunctive relief in any competent court to protect its intellectual property or confidential information. Nothing in this Section overrides any non-waivable consumer protection right you have under the law where you live.

If a complaint is not resolved satisfactorily, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Write to 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or call (800) 952-5210 or (916) 445-1254.

We may update these Terms from time to time. For material changes, we will notify you by email or in-app notification at least 15 days before they take effect. If you keep using the Service after the effective date, you accept the updated Terms. If you don't agree, cancel your Subscription before the change takes effect.

We may run an affiliate or referral program that pays participants for referring new Operators. Participation is voluntary and is governed by separate program terms, which we will provide when you enrol.

You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, reorganization, or sale of substantially all of our assets. We send notices to you by email or in-app notification. Send notices to us at admin@onyt.app or to the address in Section 36. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship between us.

If any provision is found unenforceable, it will be limited to the minimum extent necessary, and the rest of these Terms stays in effect. A waiver is only effective if it is in writing. Our failure to enforce a right is not a waiver of it. These Terms, together with our Privacy Policy and Cookie Policy, are the entire agreement between you and Onyt about the Service and replace any earlier agreements on the same subject.

1001525932 Ontario Inc. (Onyt)
7266 Black Walnut Trail
Mississauga, Ontario L5N 7M6
Canada
Phone: +1 (647) 969-7233
Email: admin@onyt.app