Website Terms and Conditions of Use

1. Acceptance of the Website Terms and Conditions of Use

These Website Terms and Conditions of Use (the “Terms”) apply to the Guildyn website located at getguildyn.com, including any subdomains and any associated web-based and mobile applications (collectively, the “Website”), owned and operated by Guildyn Technologies Ltd. (“Company”, “we”, “us”, or “our”). These Terms are entered into by and between you (“User”, “you”, or “your”) and the Company.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Guildyn

Guildyn is not a party to the contracts entered into between homeowners and trades professionals. The Company acts solely as an intermediary platform that facilitates connections, provides tools for project management, and processes payments on behalf of its users. Guildyn does not employ, endorse, or guarantee the work of any trades professional listed on the platform.

3. Contract Fulfilment

All projects facilitated through Guildyn are structured around milestone-based contracts. Each contract outlines the scope of work, agreed-upon milestones, payment amounts, and completion timelines as mutually agreed upon by the homeowner and the trades professional.

Upon acceptance of a contract by both parties, the homeowner agrees to fund each milestone in advance. Funds are held securely and released to the trades professional only upon the homeowner's confirmation that the milestone has been satisfactorily completed.

Both parties are responsible for communicating through the platform regarding any changes to the scope, timeline, or cost of the project. Any modifications to the original contract must be agreed upon by both parties through the platform's change-order process.

Dispute Resolution

In the event of a dispute between a homeowner and a trades professional regarding the completion or quality of a milestone, either party may initiate the platform's dispute resolution process.

Guildyn will review all available evidence submitted by both parties, including photos, messages, and contract documentation. The Company will make reasonable efforts to facilitate a fair resolution but is not obligated to act as an arbiter or guarantor of any outcome.

If the dispute cannot be resolved through the platform's internal process, either party may pursue external mediation or legal remedies as provided under applicable law.

During an active dispute, funds associated with the disputed milestone will remain held until a resolution is reached. Guildyn reserves the right to disburse or return funds based on the outcome of the dispute resolution process.

All parties agree to maintain accurate records and documentation of their project activities on the platform. Failure to provide adequate documentation during a dispute may impact the outcome of the resolution process.

4. Responsible Use of Website

Homeowners

As a homeowner using Guildyn, you agree to the following responsibilities:

1. Provide accurate and complete information about your project, including scope of work, budget, and timeline expectations.
2. Review and respond to milestone completion notifications in a timely manner. Failure to respond within the timeframe specified in the contract may result in automatic approval of the milestone.
3. Maintain respectful and professional communication with trades professionals at all times through the platform.
4. Ensure that your property is accessible and safe for trades professionals to perform their work as scheduled.

Trades Professionals

1. Maintain all required licences, certifications, and insurance as required by applicable provincial and municipal regulations throughout the duration of any project.
2. Complete work in accordance with the agreed-upon contract specifications, applicable building codes, and industry standards.
3. Provide accurate progress updates and documentation, including photographs, for each milestone through the platform.
4. Communicate any delays, issues, or changes in scope promptly to the homeowner through the platform's messaging system.

Trades professionals are strictly prohibited from soliciting direct payments outside of the Guildyn platform for any work covered under an active contract. Any attempt to circumvent the platform's payment system may result in immediate account suspension and removal from the platform.

5. Modifications to the Website and These Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

We may also update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

6. Account Security and Prohibited Actions

You are responsible for maintaining the confidentiality of your account credentials, including your password and any authentication tokens. You agree to notify us immediately at admin@getguildyn.com of any unauthorized access to or use of your account or any other breach of security.

You should use a strong, unique password for your Guildyn account and enable any additional security features offered by the platform. You are solely responsible for all activities that occur under your account, whether or not authorized by you.

7. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly permitted by these Terms or with prior written consent from the Company.

8. Content Standards

These content standards apply to all user contributions and use of the Website's interactive features. User contributions must comply with all applicable federal, provincial, municipal, and international laws and regulations.

All content posted, uploaded, or otherwise shared on the platform must be accurate, truthful, and not misleading. Users are responsible for the content they share and must ensure that it does not infringe on the rights of any third party.

Without limiting the foregoing, user contributions must NOT:

1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising not authorized by Guildyn.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
11. Contain any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
12. Attempt to interfere with the proper working of the Website, including by introducing any malicious code or attempting to gain unauthorized access to any part of the Website, its servers, or any connected database.

9. User Submissions: Grant of Licence

By submitting, posting, or displaying content on or through the Website (including but not limited to project descriptions, reviews, photographs, and messages), you grant the Company a non-exclusive, royalty-free, worldwide, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation of the Website and the Company's business.

You represent and warrant that you own or control all rights in and to the content you submit and that such content does not violate these Terms or any applicable law.

You understand and acknowledge that you are responsible for any content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

The Company is not responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of the Website.

10. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any user contributions for any or no reason at our sole discretion.
• Take any action with respect to any user contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such content violates these Terms, infringes any intellectual property right, threatens the personal safety of users or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms.

We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

11. No Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of the Company.

12. Privacy

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

We are committed to protecting your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy legislation. Please review our Privacy Policy for detailed information about our data collection, use, and disclosure practices.

13. Third-Party Links and Content

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Guildyn. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Guildyn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

14. Geographic Restrictions

15. Disclaimer of Warranties

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Guildyn does not warrant that any trades professional listed on the platform will meet your specific requirements, that the quality of work will meet your expectations, or that any errors in the service will be corrected.

16. Limitation of Liability

17. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Website, including but not limited to your user contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

18. Governing Law and Jurisdiction

Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the courts of the Province of Ontario, and you consent to the exclusive jurisdiction of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

21. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Guildyn Technologies Ltd. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

22. Reporting and Contact Information

If you become aware of any content on the Website that violates these Terms, please report it to us immediately. We take all reports seriously and will investigate promptly.

For all feedback, questions, complaints, or concerns regarding the Website or these Terms, please contact us using the information below.