Terms and conditions

1. Agreement

These terms and conditions (the “Terms”) are an agreement between ToolSwift Inc. (“ToolSwift”, “we”, “our” or “us”) and the business or person using our website, dashboards, mobile apps and related services (the “Services”), referred to as “you”. By accessing or using the Services you agree to these Terms. If you accept them for a business, you confirm that you have authority to bind that business. If you do not agree, do not use the Services.

The Services are for business use. A separate written order form or agreement with ToolSwift takes priority over these Terms where the two conflict.

2. The Services and your account

ToolSwift provides an eCommerce platform for lumber yards, hardware stores and other dealers, including a storefront, customer portal, admin dashboard, quotes, orders, payments tools, a mobile app, messaging and AI features. Features may change over time, and some are described on our website as in review or in development and may not be available.

• You must give accurate account information and keep it up to date.
• You are responsible for your users, your login credentials and all activity under your account. Keep credentials secret and tell us promptly about any unauthorized use.
• Admin access and roles are controlled by you. You are responsible for the permissions you give.

3. Fees, billing and cancellation

Fees are shown on our pricing page at the time you subscribe and are in US dollars. As of September 30, 2026, they are:

• $399 a month for the first store, which covers the platform for that store.
• $250 a month for each additional store.
• $99 a month for the mobile app, one price for your business.
• AI features billed on the tokens you use, or an all-inclusive AI plan of $199 a month per store.
• Each store includes 500 SMS text messages a month. Further SMS is pay as you go, and WhatsApp is priced for the customer who wants it.

Usage-based charges, such as messaging beyond the included allowance and AI token usage, are billed according to the rates we give you. We do not charge transaction fees on payments. Your payment provider, mobile carriers, WhatsApp and other third parties may charge their own fees, which are your responsibility.

Fees are charged on a recurring monthly basis. Amounts do not include taxes, which you are responsible for where they apply. If a payment fails we may contact you, and we may suspend the Services if an overdue amount is not paid after notice.

Longer agreements are optional. A two-year agreement can save you up to 10% and a three-year agreement up to 15% on your total bill, and an onboarding fee can be eliminated with a five-year agreement. The terms of any longer agreement are set out in a written order form.

Unless you sign a longer agreement, the Services are month to month. You may cancel with 30 days’ notice to us. We may change our prices or fee structure by giving you notice, and a change takes effect at the start of your next billing period after that notice.

4. Text messaging and WhatsApp

If you use the messaging features, you are the sender of the messages you send, and you must follow all laws and carrier and platform rules that apply to them, including Canada’s Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act and similar laws, the Twilio and carrier policies, and the WhatsApp Business and Commerce policies.

• Get and keep proof of the consent you need before sending a message, including express consent for marketing messages.
• Identify yourself in messages and include opt-out instructions where the law requires. Honor opt-outs, such as STOP, promptly.
• Do not send unlawful, deceptive, harassing or prohibited content, and do not send messages to numbers you obtained unlawfully.
• We may filter, delay or block messages, or suspend messaging, to protect deliverability and comply with law, carrier rules or platform rules.

Message delivery depends on carriers and platforms outside our control, and we cannot guarantee delivery or timing.

5. AI features

Features such as the Takeoff Agent, AI search and product enrichment use artificial intelligence, including models from third-party providers. AI output can be incomplete or wrong. A draft quote or other AI result is a draft: you are responsible for reviewing, correcting and approving it before you rely on it or send it to a customer.

• Only submit content you have the right to use and share, and that complies with law.
• Do not use AI features for unlawful, deceptive or harmful purposes, or to build a competing service.
• AI features that we describe as in review or in development are not available for production use until we say they are.

6. Your data and privacy

You own the data you and your customers put into the Services (“Customer Data”). You give us a license to host, process, transmit and display Customer Data as needed to provide and support the Services, and to improve them in a way that does not identify you or your customers.

You are responsible for the lawfulness of Customer Data and for giving your own customers any privacy notices and obtaining any consents that the law requires, including for messaging and marketing. Our Privacy Policy explains how we handle personal information, including when we process personal information for you as a service provider.

On termination we will make your Customer Data available to you for a reasonable period, and then delete it in line with our retention practices, unless the law requires us to keep it.

7. Acceptable use

You will not, and will not allow others to:

• Break any law or infringe the rights of others.
• Upload malware, or interfere with or disrupt the Services or their security.
• Probe, scan or test the Services for vulnerabilities, or access them in a way not intended, without our written permission.
• Scrape, copy, resell or sublicense the Services, except as these Terms allow.
• Reverse engineer the Services, except where the law does not allow this restriction.
• Use the Services to send spam or to collect personal information unlawfully.

8. Third-party services and integrations

The Services connect with third-party systems such as ERPs, accounting systems, distributor catalogs, payment providers, shipping providers, and marketing and messaging tools. Those services are governed by their own terms, and you are responsible for your accounts with them. We are not responsible for third-party services, or for changes to them that affect an integration.

9. Intellectual property and feedback

ToolSwift and its licensors own the Services, including the software, designs, text and trademarks. These Terms give you only a limited, non-exclusive, non-transferable right to use the Services during your subscription. If you give us feedback or suggestions, we may use them without obligation to you. You may not use our name or logo without our written permission, except to identify ToolSwift as your provider in a way that does not suggest endorsement.

10. Availability and support

We work to keep the Services available and secure, but we do not promise uninterrupted or error-free service, and maintenance, outages and third-party failures may affect availability. Support is provided as described by us from time to time, and any service levels apply only if agreed in writing.

11. Disclaimers

To the fullest extent the law allows, the Services and our website are provided “as is” and “as available”, and we disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that AI output, the Services or third-party services will be accurate, complete or fit for your purposes.

12. Limitation of liability

To the fullest extent the law allows, ToolSwift will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Services or these Terms, even if advised of the possibility. Our total liability for all claims arising from or related to the Services or these Terms is limited to the fees you paid us for the Services in the twelve months before the event that gave rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law.

13. Indemnity

You will defend and indemnify ToolSwift against claims, damages and costs, including reasonable legal fees, arising from your Customer Data, your messages and marketing, your use of the Services in breach of these Terms or the law, or your dispute with your own customers.

14. Term, suspension and termination

These Terms apply while you use the Services. You may stop using the Services and cancel with 30 days’ notice. We may suspend or end your access immediately if you materially breach these Terms, if required by law, or to protect the Services or others, and we will give notice where we reasonably can. Sections that by their nature should survive termination will survive, including fees owed, intellectual property, disclaimers, limitation of liability and indemnity.

15. Governing law and disputes

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 of Ontario have exclusive jurisdiction over disputes, and you and we submit to them, except that either party may seek urgent injunctive relief in any competent court.

16. General

• Changes. We may update these Terms. If a change is material we will give notice, and continued use after the effective date means you accept it.
• Entire agreement. These Terms, our Privacy Policy and any written order form are the whole agreement about the Services.
• Severability and waiver. If part of these Terms is unenforceable, the rest stays in effect, and a failure to enforce a right is not a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of our business.
• Notices. We may give notice by email to your account contact or through the Services. You may give notice to us at the email below.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

17. Contact us

Questions about these Terms can be sent to ToolSwift Inc. at info@toolswift.ai.