Terms of Service

These Terms of Service ("Terms") govern your use of the BrinkOps Service software-as-a-service product ("BrinkOps", "the Service", "we", "us", or "our"), operated by Cole Brink ("Operator") based in Alberta, Canada. By creating an account, you ("you", "your", or "Customer") agree to these Terms. If you do not agree, do not use the Service.

1. The Service

BrinkOps provides field-service-management software for small service businesses: customer-relationship management, quoting, scheduling, invoicing, payment processing (via third-party providers), SMS messaging (via third-party providers), and related operational tools. We may add, change, or remove features at our discretion.

2. Eligibility & Account

You may use BrinkOps only if you:

• Are at least 18 years old;
• Have the legal capacity to enter into a binding contract;
• Are using the Service in connection with a legitimate business; and
• Provide accurate, current, and complete account information.

You are responsible for safeguarding your password and any access credentials. You are responsible for all activity that occurs under your account, whether authorized by you or not. Notify us immediately at cole@brinkops.ioif you suspect unauthorized access.

3. Subscription & Trial

New accounts receive a 14-day free trial. You must provide a valid payment method at signup; you will not be charged during the trial. At the end of the trial, your subscription automatically renews at the then-current price (currently CAD $149 / month) unless you cancel before the trial ends.

Subscriptions auto-renew monthly. You may cancel anytime via your billing settings; cancellation takes effect at the end of the current billing period. We do not provide refunds for partial periods, unused features, or downgrades.

Payment processing is handled by Stripe. Your card details are stored by Stripe, not by us. We may change pricing on 30 days' notice to your registered email address.

4. SMS Credits & Usage

Some plans include a monthly allowance of SMS credits. Credits used in excess of your monthly allowance are billed via top-up packs as outlined in your billing settings. SMS delivery is provided by a third-party carrier (Telnyx); delivery success, rate, and timing are not guaranteed.

5. Acceptable Use

You agree NOT to use BrinkOps to:

• Send unsolicited commercial messages (spam) by SMS or email, or otherwise violate Canada's Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act, TCPA, CRTC rules, or any other applicable communications law in any jurisdiction where you operate;
• Send messages without proper consent (express or implied) from the recipient;
• Ignore opt-out (STOP) keywords or unsubscribe requests, or attempt to circumvent compliance features built into BrinkOps;
• Harass, threaten, defraud, or harm any person;
• Impersonate any person or entity;
• Upload or store content that is illegal, defamatory, obscene, infringing, or that contains malware;
• Attempt to gain unauthorized access to other accounts, computer systems, or networks;
• Reverse-engineer, decompile, or attempt to extract the source code of the Service;
• Resell, sublicense, or use the Service to build a competing product;
• Use automated systems to access the Service in a manner that imposes an unreasonable load on our infrastructure.

We may suspend or terminate your account immediately and without notice if we reasonably believe you have violated this section.

6. Customer Data & Privacy

You retain all rights, title, and interest in the data you upload to or generate within BrinkOps ("Customer Data"), including but not limited to your customer contacts, quotes, jobs, invoices, and messages. You grant us a limited, worldwide, non-exclusive licence to host, store, process, and display Customer Data solely as necessary to operate the Service for you.

You are responsible for ensuring you have all necessary consents from your own customers (including under PIPEDA, CASL, TCPA, GDPR, or other applicable privacy and anti-spam laws) to upload their information to BrinkOps and to contact them through the Service.

Our handling of personal information is further described in our Privacy Policy, which is incorporated into these Terms by reference.

7. Intellectual Property

BrinkOps, including all software, design, content (excluding Customer Data), and trademarks, is owned by the Operator and protected by Canadian and international intellectual-property laws. Nothing in these Terms transfers ownership of the Service to you. We grant you a limited, non-transferable, revocable licence to access and use BrinkOps for the duration of your active subscription.

8. Service Availability

We aim for high availability but do not guarantee uninterrupted, error-free, or secure service. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We may schedule maintenance windows, deploy updates, or experience outages that temporarily reduce availability. Our third-party providers (Supabase, Stripe, Resend, Telnyx, Vercel, OpenAI, and others) may themselves experience outages that affect BrinkOps; we are not responsible for those.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINKOPS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. You use BrinkOps at your own risk. No advice or information obtained from us creates any warranty not expressly stated in these Terms.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OPERATOR, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Operator, its affiliates, and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right (including but not limited to your own customers' privacy or anti-spam rights), (d) any content you upload to the Service, or (e) any messages you send through the Service.

12. Third-Party Services

BrinkOps integrates with third-party providers including Stripe, Telnyx, Resend, Supabase, Vercel, and OpenAI. Your use of those services is subject to their respective terms. We are not responsible for the actions, omissions, or policies of third-party providers.

13. Termination

You may cancel your subscription at any time. We may suspend or terminate your access immediately for any breach of these Terms or for any reason on 30 days' notice. On termination, your right to use the Service ends; we may retain Customer Data for a limited period in case of restoration requests, and will delete it within a reasonable timeframe thereafter (typically 90 days), except as required by law.

14. Governing Law & Disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You and the Operator agree that the courts located in Calgary, Alberta have exclusive jurisdiction over any dispute arising under these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email to the address on file and/or by notice within the Service at least 30 days before they take effect. Continued use of BrinkOps after the effective date constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms? Email cole@brinkops.io.

Plain-language summary (not legally binding): Use BrinkOps to run your business. Pay $149/mo after the 14-day trial. Don't spam your customers — that's on you. Your customer data belongs to you. We try hard to keep the service running but make no warranties. If something goes wrong, our maximum liability is what you paid us in the last 12 months (or $100, whichever is bigger). If you sue us, it's in Alberta court.