Terms of Service

These Terms of Service (“Terms”) govern access to Jobyard’s website, dashboard, AI receptionist, communications, scheduling, and related services (the “Service”). By creating an account, signing an order, or using the Service, you agree to these Terms. If you use the Service for an organization, you confirm that you have authority to bind it, and “you” means that organization.

If a signed order, proposal, or other written agreement identifies a Jobyard contracting entity or contains terms that conflict with these Terms, that written agreement controls for the conflict. You must be legally capable of entering this agreement and use the Service only for lawful business purposes.

Jobyard provides tools that can answer telephone calls and messages, use business-provided facts, check configured services and availability, create and manage appointments, send transactional communications, summarize interactions, and escalate matters to authorized business members. Available functions depend on your configuration, providers, and written agreement.

Jobyard is not an emergency service, dispatch service, professional adviser, or substitute for appropriate human judgment. Do not configure or use it to handle emergencies, provide medical, legal, financial, or safety-critical advice, or make decisions that law requires a qualified person to make.

You are responsible for:

• keeping business facts, services, hours, availability, policies, and instructions accurate;
• reviewing appointments, messages, escalations, estimates, and operational alerts promptly;
• ensuring authorized members protect their accounts and use appropriate roles;
• honouring customer commitments created through your approved configuration;
• maintaining any licences, insurance, consents, notices, and permissions your business requires; and
• using the Service in compliance with privacy, consumer-protection, telecommunications, messaging, employment, and industry-specific laws.

Jobyard’s tools apply the configuration available at the time of an interaction. You must correct inaccurate configuration promptly and tell us if you suspect unauthorized access or a harmful or incorrect automated outcome.

You authorize Jobyard and its providers to route calls and messages, use automated and AI-generated voice or text, and send the transactional communications enabled in your configuration. You are the sender and business represented in customer-facing communications, including messages sent from an assigned business number.

If call recording is enabled, you are responsible for giving callers clear notice of the recording and its purpose, obtaining legally sufficient consent, and providing an alternative where required. You must not use Jobyard to make unlawful telemarketing calls, send spam, hide your identity, mislead recipients, or contact people without the authority required for that communication.

Accounts are personal to the authorized member. You must provide accurate account information, keep credentials and connected-provider access secure, remove members who no longer require access, and notify us promptly at hello@jobyard.ca of a suspected compromise. You are responsible for activity performed through your accounts except to the extent directly caused by Jobyard’s breach of these Terms.

You must not:

• use the Service unlawfully, deceptively, abusively, or to harm or discriminate against a person;
• collect or communicate information you are not authorized to handle;
• probe, disrupt, overload, reverse engineer, or bypass security, tenant, role, rate, or usage controls;
• introduce malware, impersonate another business or person, or provide false caller or sender identity;
• resell or expose the Service or credentials except as expressly agreed in writing; or
• use outputs to train or build a competing service where prohibited by law or written agreement.

We may limit or suspend activity reasonably believed to create a security, legal, provider, fraud, or customer-harm risk while we investigate.

Jobyard does not currently offer public self-serve checkout or a public trial. Fees, included usage, payment timing, taxes, term, renewal, cancellation, credits, and refunds are governed by the signed order, proposal, or other written commercial agreement between you and Jobyard. You must pay undisputed amounts when due and provide accurate billing information.

These commercial provisions will be reviewed and updated before Jobyard makes any public plan, checkout, or trial enrollment available. Nothing on the current public site creates a free trial, price guarantee, or right to service without an accepted written arrangement.

As between you and Jobyard, you retain your rights in business configuration and customer data you provide to the Service. You authorize Jobyard to host, process, transmit, copy, and display that data as needed to provide, secure, support, and improve the operation of the Service and to meet legal obligations. You represent that you have the rights and lawful basis needed to provide the data and instruct Jobyard to process it.

Jobyard’s handling of personal information is also described in the Privacy Policy. Each party will protect confidential information with reasonable care and use it only for the relationship, except where disclosure is authorized or legally required.

The Service depends on third-party telecommunications, AI, authentication, hosting, storage, and optional calendar providers. Their availability and permitted uses may affect the Service. When you connect an integration, you authorize Jobyard to exchange the information required to operate it. Google listing search is also subject to the Google Maps terms. You remain responsible for your separate provider accounts and must not give Jobyard access you are not authorized to grant.

Automated voice and language systems can misunderstand speech, produce incomplete language, or fail. Jobyard reduces this risk by using verified business data, typed application tools, confirmation steps, tenant boundaries, and human escalation paths, but these controls do not eliminate every error.

You must choose appropriate configuration and human review for the consequences involved. A failed provider or tool action is not a completed booking, sent message, successful transfer, or other external result unless the Service records it as completed.

We aim to provide a dependable Service but do not guarantee uninterrupted or error-free operation. Maintenance, networks, carriers, providers, caller devices, internet conditions, and events outside our reasonable control can affect availability. We may change the Service to improve safety, reliability, lawfulness, or functionality. We will use reasonable efforts to give advance notice of a material reduction to an active paid Service where practical.

Jobyard and its licensors own the Service, software, design, documentation, and related intellectual property, excluding your data and third-party materials. Subject to these Terms and your written agreement, Jobyard grants you a limited, non-exclusive, non-transferable right to use the Service for your internal business operations. If you provide feedback, you permit Jobyard to use it without restriction or payment, provided we do not identify you publicly without permission.

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” Jobyard disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing. Nothing in these Terms excludes a warranty or remedy that applicable law does not allow the parties to exclude.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, or data, even if advised they were possible. Jobyard’s total aggregate liability arising from the Service will not exceed the fees paid or payable for the Service during the three months before the event giving rise to the claim. These limits do not apply where prohibited by law or to fraud, wilful misconduct, or a party’s obligation to pay amounts properly due.

Either party may end the relationship as provided in the applicable written agreement. Jobyard may suspend access immediately where reasonably necessary to address a material security risk, unlawful use, provider prohibition, non-payment, or serious breach, and will provide notice when practical. On termination, your right to use the Service ends. Contact Jobyard before closure to coordinate an available data export and deletion process. Provisions that by their nature should survive, including payment, confidentiality, ownership, disclaimers, liability limits, and dispute terms, will survive.

These Terms and the applicable written agreement are the entire agreement about the Service and replace earlier discussions on the same subject. You may not assign them without Jobyard’s consent, except in connection with a merger or sale of substantially all relevant assets. Jobyard may assign them as part of a reorganization, financing, merger, or sale. Neither party is liable for delay caused by events beyond its reasonable control. Failure to enforce a term is not a waiver. If a term is unenforceable, the remaining terms continue.

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The parties submit to the courts located in Ottawa, Ontario, unless applicable law requires otherwise.

We may update these Terms by posting a revised version and effective date. Material changes affecting an active paid Service will receive additional notice appropriate to the change. Questions may be sent to hello@jobyard.ca.