Terms of Service

These Terms of Service (the Terms) are a binding agreement between Bardia Ahmadkhan, carrying on business as Tiercord Compliance (Tiercord, we, us or our), and the person or organization accepting them (Customer or you). They govern the Tiercord websites, applications and related services (the Service).

The Service is offered for business use by construction professionals and organizations, not for personal, family or household use. You must have legal capacity to contract. If you create an account, accept an order or use the Service for an organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, do not create an account or use the Service.

These Terms, the Privacy Policy, any order form or online checkout accepted by Customer, and any data-processing or service-specific addendum signed by both parties form the agreement. An order form or signed addendum prevails over these Terms only where it expressly says so. The Privacy Policy governs personal-information handling and does not reduce Customer's obligations concerning Customer Data.

Customer Data means information, files and content submitted to or generated from the Service for Customer, excluding Tiercord technology and materials. Authorized User means a person Customer permits to use its workspace. Output means a document, report, calculation, summary or other result generated for Customer from Customer Data.

Customer must provide accurate registration information, protect account credentials, use individual accounts rather than shared credentials, and notify Tiercord promptly of suspected unauthorized access. Customer is responsible for activity by its Authorized Users and for assigning and reviewing appropriate owner, administrator and member roles.

Workspace owners and administrators can invite or remove users, control integrations, select connected sending accounts and take other actions that affect Customer Data. Customer is responsible for its administrators' instructions. Tiercord may rely on an authenticated administrator as authorized to act for Customer unless notified otherwise.

Subject to the agreement and payment of applicable fees, Tiercord grants Customer a limited, non-exclusive, non-transferable and revocable right during the subscription term for Authorized Users to access and use the Service for Customer's internal business operations. Customer may use and reproduce Output for its business and legal matters, subject to third-party rights and the professional-review requirements below.

Except where law prohibits the restriction, Customer must not copy or resell the Service, provide it as a service bureau, reverse engineer it, circumvent technical controls, scrape it, use it to build a competing service, or remove proprietary notices. No right is granted except as expressly stated.

As between the parties, Customer retains its rights in Customer Data. Customer grants Tiercord and its service providers a limited right to host, copy, transmit, transform and otherwise process Customer Data only as needed to provide, secure, support and improve the Service, comply with Customer's instructions and law, and enforce the agreement.

Customer represents that it has all notices, consents and other authority needed to provide Customer Data and direct its processing, including personal information about project participants and email recipients. Customer is responsible for the accuracy, quality and legality of Customer Data. To the extent Tiercord owns transferable rights in Output created uniquely for Customer, Tiercord assigns those rights to Customer upon full payment, excluding Tiercord's software, templates, methods, know-how and third-party materials.

Tiercord will handle personal information as described in the Privacy Policy and use reasonable safeguards appropriate to the Service. Customer must configure permissions, integrations and sharing features appropriately for the sensitivity of its data. No internet service can guarantee absolute security.

Each party will protect non-public information identified as confidential or reasonably understood to be confidential, use it only for the agreement, and disclose it only to personnel, contractors and advisers who need it and are bound to protect it. This does not cover information independently developed, lawfully received without restriction, or publicly available without breach. A party may disclose information when legally required, giving advance notice where legally permitted and reasonably practicable.

Tiercord is software, not a law firm, lawyer, adjudicator, accountant or other professional adviser. The Service and Output are not legal advice and do not create a lawyer-client relationship.

Construction payment rights and remedies can turn on short deadlines, contract wording, project type, transition rules, service requirements and facts that Tiercord cannot independently verify. Pending legislation or regulations may change before taking effect. Customer must verify inputs, calculations, current law, form content, recipients, service methods and filing requirements. Customer must obtain advice from qualified counsel in the relevant jurisdiction before relying on Output for a live claim, dispute, deadline or legal proceeding.

Customer remains solely responsible for deciding whether and when to act. Tiercord is not Customer's exclusive calendar, document repository or system of record. Customer must maintain independent reminders, signed originals, delivery proof and current backups appropriate to the matter.

AI-assisted features are optional and may produce inaccurate, incomplete, biased or outdated content. Output may appear plausible while being wrong. Customer must conduct meaningful human review, verify every factual and legal statement, and must not represent AI Output as professionally reviewed unless it has been reviewed by an appropriately qualified person.

Customer must not submit information it is not authorized to process through an AI feature. Tiercord may apply reasonable usage limits and suspend an AI feature where needed for safety, provider compliance or Service protection.

Integrations are optional third-party services. Customer authorizes Tiercord to exchange data and instructions with an integration when an Authorized User connects or uses it. Third-party terms and privacy policies also apply, and Tiercord does not control the availability, security, decisions or acts of those providers.

The integrations Tiercord offers are Google sign-in and Gmail sending, Microsoft sign-in and Outlook sending, Intuit QuickBooks Online, Xero, Procore, and a read-only connection to an assistant the organization already uses. Each is optional, each stays dormant until an Authorized User connects it, and each exchanges only the data that integration requires. Tiercord also uses service providers Customer does not connect, including hosting, database, billing, error-monitoring and AI providers; those are described in the Privacy Policy rather than here.

Google login authenticates a user and does not by itself authorize Gmail sending. A Gmail connection separately grants Tiercord send-only access to the selected account. Customer is responsible for selecting the correct sender, recipients, attachments and message, and for having authority to send each communication. Disconnecting an integration stops new use but does not erase completed synchronization, delivery evidence or audit records that are properly retained.

Tiercord may modify or discontinue an integration if its provider changes or withdraws an API, permission, certification or commercial term. Where practical, Tiercord will give reasonable notice of a material discontinuation.

Customer directs messages sent from its connected accounts, including configured automatic reminders and staff-initiated communications. Customer is the sender for legal and anti-spam purposes and is responsible for recipients, consent, required sender identification, unsubscribe obligations and message content. Tiercord records delivery attempts in the audit trail but cannot guarantee receipt, inbox placement, reading, service or legal effectiveness.

Customer must treat public verification links and shared document links as bearer access: anyone who receives a working link may be able to view its content. Customer is responsible for choosing what to share, verifying recipients and revoking access when no longer appropriate.

Customer and Authorized Users must not use the Service to:

• break the law, infringe rights, mislead, defraud, harass or facilitate harmful conduct;
• send spam, malware or unlawful communications, or impersonate another person;
• upload malicious code or attempt unauthorized access, interference, security testing or excessive automated use;
• handle information without the required authority, notices or safeguards; or
• use Output as a substitute for professional judgment where the context requires a licensed professional.

Tiercord may investigate suspected misuse and take proportionate steps to protect users, providers and the Service.

Plan features, usage allowances, prices, billing frequency and subscription term are shown at checkout or in an order form. Trials are limited to the stated period and may be changed or withdrawn before a paid order is placed. Unless an order states otherwise, paid subscriptions renew for successive periods of the same length until cancelled.

Customer authorizes Tiercord and its payment processor to charge applicable fees and taxes to the selected payment method. Fees are in the currency shown, are due as stated, and are non-refundable except where the agreement or mandatory law says otherwise. Customer must keep billing information current. Tiercord may change prices for a future renewal period with reasonable advance notice; continued use after the renewal constitutes acceptance of the new price.

Tiercord may improve, add, modify or remove features. We will not materially reduce the core functionality of a paid plan during its current term without a reasonable substitute or, if none is reasonably available, a pro-rated refund for the affected prepaid unused period. This does not apply to changes required for law, security or third-party services.

Preview, beta, trial and experimental features may be incomplete, change without notice and be suspended at any time. They are provided as-is and should not be used for production-critical or legally time-sensitive work. Planned maintenance, emergencies, internet conditions and provider outages may make the Service unavailable. Unless a signed order expressly includes a service level, no uptime commitment or service credit applies.

Customer may cancel through the available account or billing controls, effective at the end of the paid period unless otherwise stated. Either party may terminate for a material breach not cured within 30 days after written notice, or immediately if the breach cannot be cured, creates a material security or legal risk, involves fraud or unlawful conduct, or the other party becomes insolvent.

Tiercord may suspend affected access where reasonably necessary to address non-payment, misuse, a security threat, legal requirement or material breach. Where practicable, we will give notice and limit the suspension to the affected feature or user. Customer remains responsible for accrued fees. Provisions that by nature should survive, such as payment, ownership, confidentiality, disclaimers, liability limits and dispute terms, will survive termination.

Customer should export needed records before the subscription ends. Available export and backup tools are provided for convenience and may be subject to plan limits and reasonable technical restrictions. An individual account deactivation ordinarily has a 90-day reactivation period. Organization deletion is intended to permanently remove active workspace data and should be used only after Customer has made required copies.

Residual data may remain for a limited period in protected backups, security logs and records that Tiercord must retain for legal, fraud-prevention, billing, dispute or audit purposes. Such data remains protected and is deleted or de-identified under the applicable retention process. Deletion cannot retrieve information already exported, disclosed or sent to a third party at Customer's direction.

Tiercord and its licensors own the Service, software, designs, templates, documentation, methods, trademarks and improvements, excluding Customer Data and Customer's assigned rights in Output. If Customer voluntarily provides feedback, Customer grants Tiercord a perpetual, worldwide and royalty-free right to use it without identifying Customer or disclosing Customer's confidential information. Tiercord may use aggregated or de-identified data that does not reasonably identify Customer or an individual to operate and improve the Service and produce industry insights.

To the maximum extent permitted by law, the Service, integrations and Output are provided “as is” and “as available.” Tiercord disclaims all express, implied, statutory and collateral warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, uninterrupted availability and results.

Tiercord does not warrant that a calculation, alert, template, document, signature, delivery record, shared link, integration or AI Output is legally sufficient, current, error-free or accepted by a court, adjudicator, registry, recipient or authority. These exclusions do not limit a warranty or remedy that applicable law does not permit the parties to exclude.

To the maximum extent permitted by law, neither party will be liable under the agreement for indirect, incidental, special, exemplary, punitive or consequential loss, or for lost profit, revenue, business, opportunity, goodwill or data, even if advised that such loss was possible. Tiercord is not liable for losses caused by inaccurate Customer Data, Customer instructions, missed legal deadlines, professional decisions, third-party services or Customer's failure to maintain independent records and review.

To the maximum extent permitted by law, Tiercord's total aggregate liability arising out of or relating to the Service or agreement will not exceed the greater of (a) fees paid or payable by Customer for the Service during the 12 months immediately before the event giving rise to the claim and (b) CAD $100. The exclusions and cap apply across all legal theories and claims in aggregate.

The exclusions and cap do not apply to liability that cannot lawfully be excluded or limited. Each provision is intended to be severable and to allocate risk reflected in the fees, including where a limited remedy fails of its essential purpose.

Customer will defend, indemnify and hold harmless Tiercord and its personnel from third-party claims, damages, penalties, costs and reasonable legal fees arising from Customer Data, Customer's communications or instructions, Customer's breach of these Terms, unlawful use of the Service, or infringement or violation of another person's rights. Tiercord will give prompt notice, reasonable cooperation at Customer's expense, and control of the defence to Customer, except Customer may not settle a claim in a way that admits wrongdoing by or imposes an obligation on Tiercord without Tiercord's written consent. This section does not require indemnification to the extent a claim was caused by Tiercord's breach of the agreement or wilful misconduct.

The laws of British Columbia and the federal laws of Canada applicable there govern the agreement, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to any mandatory law, the courts located in Vancouver, British Columbia have exclusive jurisdiction. Before filing a claim, each party will give written notice describing the dispute and allow 30 days for good-faith efforts to resolve it, unless urgent injunctive relief or a limitation period makes that impracticable.

Tiercord may update these Terms to reflect changes to the Service, providers, risks or law. The updated version will be posted here with a new effective date. For a material change, Tiercord will provide reasonable advance notice through the Service or account email where practicable. A material change will apply at the next renewal or when accepted, except a change needed sooner for law or security. Continued use after the applicable date means acceptance. If Customer does not agree, its remedy is to stop using and cancel the Service before the change applies.

Neither party may assign the agreement without the other's consent, not to be unreasonably withheld, except in connection with a merger, reorganization or sale of substantially all relevant business or assets, provided the assignee assumes the agreement. Customer may not assign to a direct competitor of Tiercord without consent. Tiercord may use subcontractors but remains responsible for its obligations.

Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations. The parties are independent contractors; the agreement creates no partnership, agency, fiduciary or employment relationship. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent needed and the remainder will continue. Headings are for convenience. “Including” means “including without limitation.” Electronic records and signatures may be used. The agreement is the complete agreement about its subject and replaces earlier discussions or representations about that subject.

Legal notices to Tiercord must be sent to support@tiercord.ca and clearly marked “Legal Notice.” Tiercord may send notices to the account email or through the Service. Questions about these Terms may be sent to the same address. Privacy requests should be sent to support@tiercord.ca.