Terms of Service & End User License Agreement

These Terms of Service and End User License Agreement (the "Terms") govern your access to and use of the thorwellgroup.com website, our marketing services, and our software applications and tools (collectively, the "Services") provided by Thorwell Group ("we," "us," or "our"). By accessing our website, engaging our services, or using our software, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

1. Description of Services

Thorwell Group provides marketing, advertising, and business-automation services for home-service contractors, along with software applications that support those services. Our software may include tools for estimating, invoicing, scheduling, customer communication, and reporting, some of which connect to third-party platforms on your behalf.

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our software applications for your internal business purposes. This license does not grant you any ownership interest in the software.

3. License Restrictions

• You may not copy, modify, distribute, sell, lease, or sublicense any part of the Services.
• You may not reverse engineer, decompile, or attempt to extract the source code of our software, except where such restriction is prohibited by law.
• You may not use the Services to violate any applicable law or regulation, or to infringe the rights of any third party.
• You may not use the Services to transmit malware, spam, or other harmful content, or attempt to gain unauthorized access to any system or data.

4. Third-Party Integrations, Including Intuit QuickBooks

Certain features of our software connect to third-party services — including Intuit QuickBooks — to read or write business data such as customers, estimates, invoices, items, and payments. By connecting a third-party account:

• You represent that you are authorized to grant us access to that account and its data.
• You authorize our software to access, transmit, and store data from that service solely to provide the features you have enabled.
• You may revoke this access at any time through the third-party service's connection settings (for example, via your Intuit account) or by contacting us, after which our software will no longer access that account.
• Your use of the third-party service remains governed by that provider's own terms and privacy policy. Intuit and QuickBooks are trademarks of Intuit Inc.; Thorwell Group is not affiliated with, or endorsed by, Intuit Inc.

Our collection and handling of data obtained through these integrations is described in our Privacy Policy.

5. Your Data and Responsibilities

You retain all rights to the business data you provide to the Services or that we access on your behalf ("Customer Data"). You grant us a limited license to use Customer Data solely to provide, maintain, and improve the Services. You are responsible for the accuracy of Customer Data, for maintaining the confidentiality of your account credentials, and for all activity that occurs under your account.

6. Intellectual Property

The Services, including all software, content, designs, and trademarks (other than Customer Data and third-party marks), are and remain the exclusive property of Thorwell Group and its licensors. No rights are granted to you other than the limited license expressly set out in these Terms.

7. Fees

Fees for our services and software, where applicable, are set out in a separate agreement, proposal, or order form between you and Thorwell Group. Unless otherwise stated there, fees are non-refundable.

8. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that data obtained from third-party integrations will be accurate or complete.

9. Limitation of Liability

To the maximum extent permitted by law, Thorwell Group will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Services. Our total aggregate liability for any claim arising out of these Terms or the Services will not exceed the amounts you paid to us for the Services in the twelve (12) months preceding the claim, or one hundred dollars ($100) if you have paid no such amounts.

10. Indemnification

You agree to indemnify and hold harmless Thorwell Group and its officers, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Services in violation of these Terms or of applicable law, or from your infringement of any third-party right.

11. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services if you breach these Terms, if required by law, or upon reasonable notice if we discontinue the Services. Upon termination, the license granted to you ends and you must cease using the software. Sections of these Terms that by their nature should survive termination (including Sections 6, 8, 9, and 10) will survive.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

14. Contact Us

If you have questions about these Terms, please contact us at:

Thorwell Group
[email protected]