Terms of service

Agreement and who may accept it

By creating an account or using wearpoint, you agree to these terms. If you accept on behalf of an organization, you represent that you have authority to bind it, and “you” means that organization. If you do not agree, do not use the service.

Our Privacy Policy, which describes how we handle personal information, and the plan or order you agree to, which sets your fees, form part of these terms.

Accounts and security

You are responsible for the accounts in your organization, for keeping credentials secure, and for activity under those accounts. Tell us promptly if you suspect unauthorized access. You must provide accurate information and keep it current.

Acceptable use

Use wearpoint only for lawful fleet, equipment, and inspection management. Do not misuse the service — no attempting to disrupt or breach it, no reverse engineering except as permitted by law, no uploading unlawful content, and no using it to violate the rights of others or the privacy of the workers whose data you enter.

Your data and who owns it

As between you and us, you own the data your organization submits to wearpoint (“Customer Data”), including your machines, inspections, work orders, and worker records. You grant us a limited, non-exclusive licence to host, process, and display Customer Data solely to provide and secure the service, as described in our Privacy Policy, and to improve the service, but not to train AI models, not for the benefit of any other customer, and never for sale. We handle personal information within Customer Data as a service provider on your behalf, as described in “Acting as your service provider.”

Your records are kept for a defined period. Cancelling or closing your account does not delete Customer Data. Closing the account archives your organization: it becomes read-only and is no longer billed. Its owners can sign in, read-only, to export its records. Archived records are kept for 10 years after the account is closed (or, for an account no owner closes, after its last subscription ends), unless an owner tells us in writing to delete them sooner. After that, they are deleted or anonymized. Subscribing again during that period reopens the account with its records. You are responsible for knowing how long the law requires you to keep your records, and for exporting them before the archive period ends.

Requests from people to delete their information. We process personal information in Customer Data on your instructions. By accepting these terms, you instruct us to handle a person’s request to delete their personal information as follows, unless you instruct us otherwise in writing. We replace their name and contact details on their account and delete their sign-in credential. Records they signed, such as a signed inspection or a repair entry, keep the name as it was signed: changing a signed record would destroy its value as evidence of your compliance. Those records are deleted or anonymized at the end of the period above. Free text your team typed, such as a work-order description, is not changed unless you edit it.

Acting as your service provider

For personal information in Customer Data, you are the accountable organization and we act as your service provider. These are the written terms of that role:

• Use. We use that personal information only to provide the service to you, on your instructions, as these terms and our Privacy Policy describe.
• Confidentiality and security. We keep it confidential, allow access to it only by the people and subprocessors who need it to provide the service, under obligations of confidentiality, and protect it with security measures appropriate to its sensitivity, including encryption in transit, access controls, and tenant isolation.
• Subprocessors. Our Privacy Policy lists the providers we use, what each handles, and where, and we update that list before a new provider receives that personal information.
• Breaches. We notify you without undue delay of a breach of security safeguards involving that personal information, and give you the information we have about it.
• Requests from people. When a person sends us a request to access, correct, or delete personal information, we forward it to you and tell them we have. If you no longer use the service, can’t be reached, or don’t respond within 30 days, we may respond to the person directly.
• Export and deletion. Your owners can export Customer Data while it is kept, and at the end of the archive period it is deleted or anonymized, as described in “Your data and who owns it.”

Our intellectual property

We and our licensors own the wearpoint service, software, and brand. These terms grant you a limited, non-exclusive, non-transferable right to use the service; they do not transfer any ownership. We may use feedback you provide without obligation to you.

AI-generated suggestions

wearpoint may generate preventive-maintenance schedule suggestions and work-order repair estimates using an AI model. These suggestions and estimates are advisory only, are provided for convenience, may be incomplete or incorrect, and are not a substitute for manufacturer guidance, regulatory requirements, or the professional judgment of a qualified mechanic or engineer. You are responsible for maintenance and safety decisions.

Service availability

We work to keep wearpoint available, but it is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free operation, and we may modify, suspend, or discontinue features with reasonable notice where practicable.

Fees and subscription

wearpoint is offered as a paid subscription. The fees, billing frequency, and what is included are set out in the plan or order you agree to.

Free trial. A new subscription may begin with a free trial. The trial requires a payment method, and it converts to a paid subscription when it ends unless you cancel before then.

Per-machine fees. Fees are charged for each machine in your fleet, except parked machines. When you add, park, or remove a machine during a billing period, the fees are prorated for the days it was billable. Fees are exclusive of applicable taxes, which are added to your invoices and are your responsibility.

Renewal and cancellation. Unless your order says otherwise, subscriptions renew automatically for successive billing periods until cancelled. A cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law or stated in your order.

Non-payment. If a payment fails and remains unpaid, or after your subscription ends, your account becomes read-only: your organization can still read its records but cannot add to or change them. Your records are kept, and paying the outstanding amount or subscribing again restores full access. We may also suspend or limit the service for non-payment after giving notice.

Closing the account. An owner can close the account at any time. Closing takes effect immediately: the subscription ends, no further fees are charged, and the account becomes read-only. Closing does not refund or credit fees already paid, including for the unused part of the current billing period, and it does not cancel amounts already due. To keep full access until the end of the period you’ve paid for, cancel instead of closing. A closed account is archived as described in “Your data and who owns it.”

Your safety obligations

wearpoint records the inspections, defects, hours, and repairs your people enter. It does not inspect your equipment, decide whether equipment is safe to use, or make you or anyone else compliant with any law or standard.

You remain responsible for:

• carrying out your inspections;
• training your people;
• taking unsafe equipment out of service;
• the content of your checklists;
• keeping the records the law requires of you.

Features such as defect flags, out-of-service markers, reminders and AI suggestions support your own process; they do not replace it.

Nothing in these terms or in the service moves these responsibilities to us.

Disclaimer of warranties

To the maximum extent permitted by law, the service is provided without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will meet every requirement or be error-free.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability arising out of or relating to the service is limited to the greater of the fees you paid us for the service in the twelve months before the event giving rise to the claim and CAD $1,000. Nothing limits liability that cannot be limited under applicable law.

Indemnity

You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the service in breach of these terms, or your violation of law or the rights of others, except to the extent caused by us.

Term and termination

These terms apply while you use wearpoint. You may end them at any time by closing the account. We may end them on at least 30 days’ notice to the account’s owners, and we may suspend the service, or end these terms, for a material breach that is not cured after notice, or where required to protect the service or comply with law. Cancelling your subscription does not end these terms or close your account: the account stays read-only with its records kept, as described in “Fees and subscription.”

When the account is closed or these terms end, your right to use the service ends. During the archive period, the account’s owners can still sign in, read-only, to export the organization’s records. When the account is closed, we remove the phone numbers and email addresses of its members other than its owners. Archived records are kept, and then deleted or anonymized, as described in “Your data and who owns it.” For the archive period, our licence to Customer Data continues only so we can store it, secure it and let its owners export it. The sections on your data, acting as your service provider, our intellectual property, disclaimers, limitation of liability, indemnity and governing law survive.

Governing law

These terms, and any dispute arising out of or relating to them or the service, are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts of Alberta have exclusive jurisdiction, and the parties submit to that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this section removes mandatory consumer-protection or privacy rights you may have under the laws of your home jurisdiction.

Language

These terms are published in English and in French. Both versions are equally authoritative.

Changes to these terms

We may update these terms. When we do, we will ask account owners to accept the new version in the app, and each update changes the version and the “Last updated” date above. If you don’t accept, you can cancel or close the account.

Contact

Questions about these terms: support@wearpoint.io
RealEasy Technologies Inc.