Terms & Conditions

Terms of Use

Effective Date: May 22, 2026

1. About These Terms

These Terms of Use (the “Terms”) are an agreement between you and Clinket. They govern your use of the Clinket customer app, the Clinket business app, our websites and every related service, including the AI Assistant, Outbound calls and Ask Clinket (together, the “Platform”).

You accept these Terms when you create an account, tick the box or tap the button that says you agree, or use any part of the Platform. These Terms also apply to anyone who visits or accesses our public pages, with or without an account, including through software, bots or other automated tools. If you do not agree, do not use the Platform.

If you live in Quebec, Section 28 contains provisions that apply to you, including your rights as a consumer and the language of these Terms. Nothing in these Terms limits any right you have under the mandatory consumer protection law of the province or territory where you live.

Our Privacy Policy, Cookie Policy, Community Guidelines and Business Verification Policy form part of these Terms. If you use the Platform on behalf of a business, you confirm that you are authorized to accept these Terms for that business, and “you” includes that business.

2. Definitions

“Customer” means a person who uses the Platform to find, contact, request quotes from or book a Provider.
“Provider” means a business or independent professional that lists services on the Platform.
“Business account” means the account of a Provider’s business, including every team member who has access to it.
“Primary owner” means the person who holds a Business account and has full control of it.
“Contacts” means the people whose details a Provider keeps in its Business account, including the people it calls with Outbound calls.
“Requests” means requests for quotes that Customers post through Get Quotes and that relevant Providers receive as “Customer requests.”
“Content” means any text, photos, documents, prices, reviews, messages, recordings and other material on or submitted to the Platform.

3. Clinket’s Role as a Marketplace

Clinket is a technology platform that helps Customers find and book local services and gives Providers tools to run their business. Clinket does not provide the listed services, does not supervise Providers and is not a party to any contract for services between a Customer and a Provider. Each Provider is responsible for its own listings, prices, quotes, services and conduct.

Except for the limited checks described in Section 5, Clinket does not verify, vouch for or guarantee the identity, qualifications, credentials, licences, criminal history, character, work quality, safety practices, insurance, financial standing or conduct of any Provider. Clinket is not responsible for any service outcome, property damage, theft, burglary, personal injury, illness, harassment, abuse, fraud, delay, workmanship issue, missed appointment, payment dispute or any other act or omission of a Provider or a Customer. This paragraph applies except where applicable law prohibits the exclusion or limitation of a particular type of liability (including, for Quebec residents, article 1474 of the Civil Code of Québec).

4. Providers Are Independent Businesses

Providers are independent businesses and independent contractors. Nothing in these Terms creates employment, agency, partnership, franchise or joint venture between Clinket and a Provider. Providers control their own prices, schedules, methods, tools and performance. Each Provider is solely responsible for its taxes, licensing, permits, insurance, employment obligations, provincial and federal compliance and service performance.

5. Business Verification

Most Providers have not been verified by Clinket. Clinket’s team may give a Provider the Verified business mark after checking the business’s registration, the owner’s identity, and the business’s licence and insurance where its trade requires them. Customers see the mark with the words “Clinket has confirmed this business’s identity.” The mark is given only by Clinket’s team and cannot be bought, a verified business may appear slightly higher in search results when other things are equal, and Clinket can remove the mark at any time.

The mark confirms only what Clinket’s team checked at the time. Clinket does not carry out criminal record checks or vulnerable-sector checks, inspect premises, check references, test skills or keep checking licences and insurance after the mark is given, and the mark does not guarantee that a document is genuine, that the business is still in good standing, or the quality, safety or honesty of its work. Other marks you may see, such as From Clinket, Clinket Preferred, Clinket Partner and New, do not mean that a business has been verified. Our Business Verification Policy explains every mark in full.

Before you book, pay or let any Provider into your home or premises, you are responsible for satisfying yourself that the Provider is suitable, lawful, qualified, insured and trustworthy. Where appropriate, ask for and independently check identity documents, licences, references and insurance directly with the Provider.

6. Eligibility

You must have reached the age of majority in the province or territory where you live (18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan; 19 in British Columbia, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut and Yukon) and be legally capable of entering into a binding agreement. The Platform is not directed to children, and Clinket does not knowingly collect personal information from children. If we learn that a child has provided personal information, we may delete it and disable the account.

7. Accounts, Sign-In and Security

You must give accurate, current information and keep it up to date. Depending on the app and your region, you may sign in with an email address and password, a one-time code sent by text message, WhatsApp or email, a passkey, or your Google, Facebook or Apple account. Signing in with WhatsApp works only for an existing account.

Keep your sign-in details, devices and one-time codes private. Never share a code with anyone, including someone who says they work for Clinket. You are responsible for activity under your account. Tell us at once at support@clinket.com if you think someone else has used your account. We may end sessions, ask you to sign in again or pause sign-in attempts to protect your account.

Some links we send (for example, a link to view a booking) let the person who receives them see or act on a specific record without signing in. Treat those links like a password and do not forward them. If you receive a message about a booking or invoice that is not yours, use the “This isn’t my booking” option in the message or app, or tell us.

8. Business Accounts and Teams

A Business account can have several team members. Each person signs in with their own account, and one person may belong to more than one business. A person may be the Primary owner of only one active business at a time.

Responsibility. The Primary owner is responsible for the business’s use of the Platform, for everyone they or their administrators invite, for the roles those people are given and for everything those people do in the Business account. Team members act on behalf of the business, and the business is bound by their actions on the Platform.
Roles. Access depends on the roles assigned, such as Primary owner, Administrator, Operations manager, Sales representative, Dispatcher, Technician, Catalogue manager, Finance, Contractor and Read-only auditor. Give each person only the access they need.
Invitations and seats. Invitations are sent by email and expire if not accepted. The number of team members a business can have depends on its plan, as shown in the app.
Visibility of team members. Team members’ names, email addresses and phone numbers are visible to people in the business whose roles allow them to see the team. By joining a business, you understand that your details will be shown to them.
Business data. The business owns the business data it puts on the Platform, such as its listings, bookings, quotes, invoices and Contacts. A team member does not take that data with them when they leave.
Activity history. Clinket keeps a history of who did what in a Business account, such as changes to bookings, quotes, invoices, listings and Outbound calls. This history is generally kept for 90 days, and entries about payment methods for 365 days.
Removing a member. Removing a team member ends their access to the business. Work assigned to them can be reassigned, and the history of what they did is kept.
Ownership transfer. The Primary owner can transfer ownership to another team member. The transfer takes effect only when that person accepts it.
Closing a business. The Primary owner can close the business. Closing it removes the public page and search listing and ends the team’s access. Messages that Customers received from the business stay in the Customers’ accounts.

9. Prepared Business Profiles and Claiming

To help people find local services, Clinket may create a business profile from information that is publicly available about a business, such as its name, services, service area, public contact details and opening hours. These profiles are marked so that Customers know they were set up by Clinket from public information, and they cannot take online bookings until the business claims them.

Claiming. The business can claim its profile using the link we send to its public email address, or with “Is this your business?” on its page. Claiming confirms the contact details the business can prove, removes any sign-in method nobody proved and makes the profile the business’s own, subject to these Terms.
Corrections and removal. Anyone can use “Report wrong info” on the page. The business can correct its profile after claiming it, or ask us to remove it at support@clinket.com.
Emails only, never marketing. Until a profile is claimed, Clinket contacts the business only by email and never sends it marketing. Every such email includes a link to stop further emails.

10. Provider Responsibilities

If you are a Provider, you agree that:

your listings, prices, availability, photos, credentials and descriptions are accurate, complete, current and not false or misleading, and any price you show includes every mandatory fee you charge, other than sales taxes, as the Competition Act requires;
you hold every licence, permit, registration and insurance your services require, and you will not claim a licence, credential, endorsement or verification you do not have;
you will respond to bookings, Requests and messages honestly, honour the quotes and bookings you confirm, and handle cancellations, refunds and complaints fairly and as the law requires;
you will comply with all laws that apply to your business, including consumer protection, competition, pricing, advertising, human rights, employment, tax, privacy, telemarketing and anti-spam laws;
you are responsible, under the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws (including Quebec’s Act respecting the protection of personal information in the private sector), for the personal information of your own customers and Contacts that you add to or create on the Platform. You will collect and use it lawfully and give any notices and obtain any consents the law requires. Clinket processes that information to provide the services to you, as described in our Privacy Policy;
you will check any text, descriptions, categories, translations or suggestions that Clinket or its AI tools prepare for your listing, and correct anything that is wrong; and
you will keep your own copies of the invoices, quotes, bookings, recordings and other records you need for tax, legal or business purposes. The Platform does not keep every record indefinitely, and some records are deleted automatically after a set time.

11. Customer Responsibilities

If you are a Customer, you agree to give accurate information about the work you need, the place and the time; to treat Providers with respect; to provide safe access where a service is performed at your premises; to pay Providers what you agree to pay them; and to use reviews and messages honestly. You are responsible for deciding whether a Provider is right for you.

12. Bookings, Quotes, Requests and Cancellations

The Platform lets Customers book services, ask a Provider for a price and post Requests that relevant Providers in the area receive and can answer with a quote. A booking or quote is a contract between the Customer and the Provider only.

A booking may need the Provider’s confirmation. A booking is not confirmed until the Platform says so.
Some services show “Price on request.” Those services cannot be booked online; ask the Provider for a price.
Each Provider sets its own cancellation, rescheduling, no-show and refund terms, which should be shown or agreed before you book. Clinket is not responsible for those terms, but may help you contact the Provider. Your rights under provincial consumer protection law are not affected.
Clinket may limit how many Requests a Provider receives, depending on its plan, location, categories and other factors. Clinket does not guarantee that any Request will receive a quote or that a Provider will receive any number of Requests or bookings.
Search results and the order of Providers depend on many factors, such as relevance, distance, availability, ratings, how complete a profile is and the Provider’s plan. Premium Providers may receive a small advantage where results are otherwise equal and may receive Requests earlier.

13. Messages and Notifications

The Platform sends messages by email, text message, WhatsApp, push notification and in the app. WhatsApp messages come from a shared Clinket business number for your region and are delivered by Meta under its own terms.

Service messages. We send messages you need about your account, security, sign-in codes, bookings, quotes, Requests, invoices, payments and calls. Turning off marketing never stops these important service messages. You can manage many message settings in the app.
Marketing. We send commercial electronic messages only with your consent, as required by Canada’s Anti-Spam Legislation (CASL). Every such message identifies us and includes an unsubscribe link, and we act on your request within the time CASL requires.
Messages between Customers and Providers. Conversations on the Platform are between the participants. Providers may see messages through a shared team inbox, according to their roles. Do not use messages to send payment card numbers, passwords or other sensitive information.
Messages a Provider causes to be sent. When a Provider uses the Platform to send messages to its own customers or Contacts (for example, permission requests, offers or handouts), the Provider is the sender for the purposes of CASL and must have any consent CASL requires.

14. AI Assistant (Phone Service for Businesses)

The AI Assistant is an optional paid service that lets a Provider’s business phone calls be answered by an AI voice assistant when the business misses or declines a call, outside its opening hours or on every call, depending on the settings the business chooses. The AI Assistant can answer questions, take messages and callback requests, create booking requests and quotes and send information to callers, using the information and instructions the business provides.

14.1 What callers are told, recording and transcripts

Callers hear a short notice at the start of the call that the call may be recorded and answered by an AI assistant. The AI Assistant always identifies itself as an AI, including when it greets a returning caller. A business must never configure or instruct it to claim to be a human, and must not remove or change that notice.
Recording is on by default and the business can turn it off. When it is on, the call is recorded after the notice, including any part where a person from the business talks to the caller. Clinket makes transcripts and a written summary of calls so the business can follow up.
Clinket keeps call recordings, transcripts and summaries for 90 days and then deletes them. The phone carriers that connect calls may keep their own copies under their own policies. If a business downloads a recording, that copy is its responsibility.
Clinket does not create voiceprints or other biometric identifiers from calls. Callers are recognized by their phone number, not by their voice. The AI Assistant may greet a returning caller by name using details linked to that phone number.
Clinket uses call recordings, transcripts and summaries to improve its AI only when the business has left on the setting “Use call recordings to improve the Clinket AI assistant” in its AI Assistant settings; the business can turn it off at any time. Clinket never sells them, shares them with other businesses or uses them for advertising, does not use messages for this, and its AI service provider (Microsoft Azure OpenAI) does not use them to train its own models. The business is responsible for giving its callers any notice that its local law requires.
Your legal duties. Privacy laws such as PIPEDA and Quebec’s private-sector privacy law require that people be told why their personal information is collected. The business is responsible for giving any extra notice and obtaining any consent the law requires for recording and using its calls, and for turning recording off where it cannot meet those requirements.

14.2 Phone numbers

The phone number used for the AI Assistant belongs to Clinket or its carriers. The business may use it only while its AI Assistant service is active. The business does not acquire any ownership of the number or any right to keep, transfer or port it.
When the service ends (for example, after cancellation or an unpaid bill), the number is held for a short time, as shown in the app. If the service is not restored in that time, the number is removed from the business and may later be assigned to another business.
A business may keep its existing number by setting up call forwarding with its own phone carrier to its Clinket number. The business must be authorized to forward that number and is responsible for its carrier’s charges and settings.

14.3 Not an emergency service

The AI Assistant is not a telephone service for emergencies. It cannot call or connect anyone to 9-1-1 or any other emergency service, and it does not provide location information to emergency services. Never rely on it in an emergency. If a caller has an emergency, they must hang up and call 9-1-1.

14.4 Accuracy and the business’s responsibility

AI can make mistakes. It may misunderstand a caller, give incomplete or wrong answers or create an incorrect booking request, quote or message.
The business is responsible for the information, prices, documents and instructions it gives the AI Assistant, and for everything the AI Assistant says and sends on its behalf. Bookings made by the AI Assistant are requests that the business must review and confirm. Some follow-up items, such as draft bookings, quotes or new Contacts, may be created automatically, and the business must review them.
The business must not instruct the AI Assistant to give false or misleading information, to collect payment card numbers, government identity numbers, health information or other sensitive information, or to do anything unlawful.
Minutes are measured per call. When the business has no minutes left, calls are passed to the business without the AI Assistant. Some settings let calls ring the business without any recording, transcript or AI.

15. Outbound Calls and Calling Permissions

Outbound calls lets a business have the AI Assistant call people on the business’s behalf: one person or a small group, a planned callback, or many people through Campaigns. For every Outbound call, the business is the caller and the telemarketer or person on whose behalf the call is made. Clinket provides the tool. The business decides whom to call, when, why and what the AI Assistant says.

15.1 Permission the law requires

The business must comply with the Canadian Radio-television and Telecommunications Commission’s Unsolicited Telecommunications Rules, including the National Do Not Call List (DNCL) Rules, the Telemarketing Rules and the Automatic Dialing-Announcing Device (ADAD) Rules, and with any provincial telemarketing laws.
Calls that use an AI-generated voice may be treated as calls made with an automatic dialing-announcing device. Such calls must not be used to sell or promote anything unless the called person has given express consent, and they must identify the person on whose behalf the call is made.
The business must have the permission the law requires for every person it calls, before it calls them, and must be able to prove it. Where the business relies on an existing business relationship or another exemption, it is responsible for confirming that the exemption applies. When the business confirms in the app that a person gave permission, that confirmation is the business’s own statement, and the business is responsible if it is wrong.
Clinket offers ways to ask for and record permission (for example, a permission page, a box at booking, a recorded yes on a call and a signed form). Using them does not make Clinket responsible for whether a permission is valid for your purpose.
Where the National DNCL Rules apply to the business, it must register with the National DNCL operator, pay any fees and remove numbers on the National DNCL before calling.

15.2 What Clinket checks — and what it does not

Before each call, Clinket checks the business’s own stop list and Clinket’s platform-wide stop list, applies calling-hour windows in the person’s local time and limits how often a number can be called.
Clinket does not check the National Do Not Call List. If the law requires a check, the business must make it before adding a number.
Clinket’s checks are safeguards, not legal advice, and they do not replace the business’s own compliance program.

15.3 What the called person hears, and stop requests

Each call begins by saying it is the AI assistant calling for the business, naming the business and the reason for the call. A business must not change the Platform to hide that the caller is an AI or to hide the business’s identity, and must give the called person any further contact details the law requires.
Outbound calls are recorded only if the business has recording turned on and only after the person has heard the notice that the call is recorded.
On calls about offers, the person is told how to stop these calls. Anyone can ask to stop calls at any time. A stop request is honoured permanently for that business and the stop record is kept for as long as the business exists and for five years after it closes, so that it keeps working. Only the person can lift their own stop.
If a person asks the business to stop calling in any other way (for example, by email, text message or in person), the business must record that request in Calling permissions promptly, and within any time the law requires.

15.4 Responsible use

Unless Clinket agrees in writing, Outbound calls may be used only for the business’s own customers and Contacts about its own services. The business must not call numbers it bought, rented or scraped, call on behalf of anyone else, or make political, fundraising or debt-collection calls.
Files the business sends during a call (handouts) must be accurate and lawful, and the business is responsible for them under CASL.
Clinket may pause a Campaign automatically or review it when it sees signs of a problem, such as a high rate of stop requests, early hang-ups or carrier spam warnings, and may stop Campaigns or suspend Outbound calls for any business that it believes is breaking these Terms or the law.
The business must keep the records the law requires it to keep (for example, its internal do-not-call list under the Telemarketing Rules and proof of consent under CASL). Clinket’s records are not a substitute for them.

16. Ask Clinket and Other AI Features

Ask Clinket lets a business ask questions about its own documents and business data. Each team member sees only what their role allows. Answers are generated by AI, can be incomplete or wrong, and must be checked before you rely on them.
Documents you upload are processed by Microsoft Azure AI services to read and search them, which may take place outside Canada as described in our Privacy Policy. Upload only documents you have the right to use, and avoid uploading sensitive personal information you do not need.
Other AI features (for example, help writing a call brief or reading documents to set up a profile) are tools only. You are responsible for reviewing and approving what they produce.
Usage limits apply to AI features and are shown in the app.

17. Plans, Fees, Automatic Renewal, Minutes and Payments

17.1 Plans and add-ons

Providers can use the Free plan or subscribe to the Premium plan. The AI Assistant is a separate paid add-on that includes a set number of minutes each billing period, and businesses can buy extra minutes with “Buy more minutes.” What each plan and add-on includes, and its price, are shown in the app before you buy. Prices shown by Clinket include every mandatory fee other than sales taxes. Clinket does not charge Customers for finding, contacting, requesting quotes from or booking Providers unless a fee is clearly shown before you confirm.

17.2 Automatic renewal and cancellation

Paid plans and the AI Assistant add-on are monthly subscriptions that renew automatically at the end of each billing period, and your payment method is charged the price then in effect (plus applicable taxes), until you cancel. You can cancel online at any time on the billing page of the Clinket business app or website. When you cancel, automatic renewal stops and the cancellation takes effect at the end of the period you have already paid for; you keep the paid features until then and you will not be charged again. If you choose to end a paid service immediately, the business returns to the Free plan straight away. Any additional rights that provincial law gives you about renewals or cancellation apply.

If a free trial of a paid service is offered, we will show you its length, what happens when it ends and the price that will apply before you start. If the trial continues as a paid subscription, you can cancel before the trial ends to avoid being charged.

17.3 Minutes

Minutes included with the AI Assistant add-on are for the current billing period and do not roll over. Minutes from minute packs roll over to later periods. If automatic recharge is turned on, Clinket buys the minute pack you chose when your minutes run low and charges your payment method. Minutes have no cash value and cannot be transferred to another business.

17.4 Price changes, taxes and failed payments

We will tell you at least 30 days before a price increase for your subscription takes effect. If you do not want to pay the new price, you can cancel before it applies, without penalty.
Prices do not include taxes unless stated. GST/HST and any applicable provincial sales tax (such as QST or PST) are added based on your location and shown at checkout.
If a payment fails, we will try again during a short grace period and tell you. If payment is still not received, the paid service ends and the business returns to the Free plan, and any AI Assistant number is handled as described in Section 14.2.

17.5 Payment processing and refunds

Payments in Canada are processed by Stripe. Clinket never stores full payment card numbers. Stripe’s own terms may also apply.
Fees are not refunded for partial billing periods or unused minutes, except where the law requires or where we say otherwise in writing.
Customers normally pay Providers directly, under the terms they agree. Where online payment for a booking is available, it is processed by Stripe on the Provider’s behalf, and any extra terms are shown before you pay. Clinket is not the seller of a Provider’s services.

18. Reviews, User Content and Licence

You keep ownership of the Content you submit. You are responsible for it and must have every right needed to submit it.
You grant Clinket a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to host, store, copy, adapt, translate, display, publish and distribute your Content to operate, secure, improve and promote the Platform. This licence includes showing public profile and listing Content on Clinket and making it available to search engines and AI assistants so that people can find your business. It continues for a reasonable time after you remove Content, and for as long as needed for reviews, messages and records that others rely on. To the extent permitted by law, you waive any moral rights in that Content as against Clinket and those it authorizes, only as needed for these uses.
Reviews must reflect a genuine experience. Providers must not write, buy, sell, swap or reward reviews, review their own business or competitors, pressure Customers to change or remove reviews, or show only positive reviews. False or misleading reviews and testimonials can breach the Competition Act.
Clinket may moderate, refuse, hide or remove Content that breaks these Terms, the Community Guidelines or the law, but is not obliged to monitor Content.

19. Copyright (Notice-and-Notice)

Clinket operates in accordance with the notice-and-notice regime in sections 41.25 to 41.27 of the Copyright Act (Canada), R.S.C. 1985, c. C-42. If you believe material on the Platform infringes your copyright, send a written notice to legal@clinket.com that includes (a) your name and contact information; (b) identification of the work to which the claimed infringement relates; (c) the electronic location to which the infringement relates; (d) details of the infringement claimed; and (e) the date and time of the alleged infringement.

On receiving a compliant notice, Clinket will, as soon as feasible, forward the notice electronically to the user to whom the identified location belongs and inform the claimant accordingly, in line with section 41.26. The notice-and-notice regime does not by itself require Clinket to take content down, and the claimant may pursue further remedies in court. Clinket may still remove content that breaks these Terms.

20. Automated Access, Data Scraping and AI Use

This Section applies to everyone who accesses the Platform, whether or not they have an account, and to any person or company on whose behalf automated access is made. By accessing the Platform you agree to it.

20.1 What we welcome

We want search engines and AI assistants to help people find local services. They may find, show and quote public Clinket pages, provided that they:

obey our robots.txt file and any crawler rules we publish;
access only public pages, and never pages or data that require a sign-in;
show the information accurately and attribute it to Clinket, with a link to the Clinket page it came from;
do not present Clinket information as their own; and
do not store, compile or re-publish Clinket information as a database, directory or dataset.

20.2 What is prohibited without our prior written agreement

Scraping, crawling, spidering or bulk downloading listings, Providers, services, prices, reviews, ratings, photos or contact details by any automated or manual means.
Building, enriching, selling or licensing a directory, database, dataset, lead list or competing marketplace or service using Clinket Content.
Using Clinket Content to train, fine-tune or evaluate AI models for a competing product or service, or to resell the data.
Collecting Provider or Customer contact details to contact them outside the Platform for marketing or solicitation, including in breach of CASL.
Using the Platform’s private data connections (the interfaces our apps use) instead of public pages, or making requests faster or in greater volume than a person using a browser normally would.
Getting around technical limits, blocks, rate limits, CAPTCHAs, sign-in walls or other security measures, or continuing after we have blocked you or withdrawn permission.
Disguising automated access as a person, rotating identities or addresses to avoid detection, or misrepresenting who you are.
Framing, mirroring or copying the Platform or any part of it.

20.3 Our rights

Content on the Platform belongs to Clinket and to the Providers and users who submitted it. The selection, arrangement and compilation of listings, categories and other data on the Platform, and the Platform’s design and software, belong to Clinket.
Any permission to access the Platform is limited to what this Section allows and ends automatically if you break it. We may withdraw it at any time, including by blocking access, without notice.
Access after permission is withdrawn or blocked, or access to non-public parts of the Platform, is unauthorized. We may enforce this Section as a breach of contract and under laws that protect computer systems, personal information and content, including the Copyright Act and the Criminal Code, and seek an injunction, damages and recovery of our costs where the law allows.

21. Clinket’s Intellectual Property

Clinket, its logos, the Platform and its software, design and Content created by Clinket are protected by intellectual property laws and belong to Clinket or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Platform for its intended purpose under these Terms. You must not copy, modify, reverse engineer, sell or create derivative works from the Platform, except as the law expressly permits. If you send us feedback or ideas, we may use them without any obligation to you.

22. Prohibited Conduct

In addition to the rules elsewhere in these Terms and in the Community Guidelines, you must not:

offer illegal services, run scams, make false claims of licensing, insurance or verification, or post false, misleading or deceptive Content;
harass, stalk, threaten or impersonate anyone, discriminate on any ground protected under the Canadian Human Rights Act or provincial human rights legislation, or post hateful, sexually exploitive or violent Content;
upload forged or altered documents, malware or anything that harms the Platform or other users;
access accounts, data or parts of the Platform you are not allowed to access, or test or attack the Platform’s security;
make or send unlawful calls or messages, or use the AI Assistant, Outbound calls or messages to deceive, spam or harass anyone;
ask users to move a transaction off the Platform to avoid these Terms or protections, or misuse other users’ contact details; or
use the Platform in any way that breaks the law or the rights of others.

23. Assumption of Risk for In-Person Services

Booking a service often involves letting a person you do not personally know into your home, business, vehicle or another place, or visiting a Provider’s premises. These interactions carry real-world risks that Clinket cannot foresee, prevent or control, including theft, burglary, property damage, bodily injury, assault, harassment, sexual misconduct, fraud, identity theft, deceptive pricing, no-shows, poor workmanship, loss of valuables, data loss, exposure to communicable disease and failure to follow safety standards.

To the maximum extent permitted by law, you accept these risks as your own. Clinket has no duty to inspect, vet, supervise or guarantee the safety of any Provider, Customer, premises or service. You are responsible for using sound judgment about which Providers you engage, whom you admit to your premises and what precautions you take before, during and after any service. This Section does not limit any right or recourse you have under mandatory law, including the Quebec provisions in Section 28.

24. Suspension, Termination and Account Deletion

Clinket may warn you, limit features, remove Content, pause Campaigns, hide listings, or suspend or close accounts if we reasonably believe that you have broken these Terms or the law, created a risk for others or exposed Clinket or users to legal or reputational harm. Where appropriate and lawful, we will tell you why and give you a chance to respond. For Quebec residents, where applicable, Clinket will comply with the notice requirements of articles 1604 and 2126 of the Civil Code of Québec and the Quebec Consumer Protection Act, CQLR c. P-40.1.
You can stop using the Platform at any time. You can ask to delete your account in the app or by email to support@clinket.com. We deactivate the account straight away and complete deletion within the time the law requires, keeping only what the law requires or allows us to keep, such as tax and billing records, stop records for calls and messages, and information needed to prevent fraud. Deleting your personal account does not close a business you own; close the business separately or transfer ownership first.
Paid subscriptions you cancel end as described in Section 17. Sections of these Terms that by their nature should continue (including Sections 18, 20, 21, 25 to 27 and 29) survive termination.

25. Disclaimers

To the fullest extent permitted by law, the Platform, including the AI Assistant, Outbound calls, Ask Clinket and all AI features, is provided “as is” and “as available” without warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantable quality, fitness for a particular purpose and non-infringement. Clinket does not warrant that the Platform will be uninterrupted, error-free or secure, that calls or messages will be delivered, or that AI output will be accurate. Clinket makes no warranty regarding the conduct, identity, qualifications, safety or service quality of any Provider or Customer. Nothing in this Section excludes a legal warranty that cannot be excluded under the law of your province or territory, including the Quebec Consumer Protection Act.

26. Limitation of Liability

To the fullest extent permitted by law, Clinket and its affiliates, officers, directors, employees, contractors and service providers will not be liable for indirect, incidental, consequential, exemplary, punitive or special damages, including lost profits, lost revenue, service failure, negligence, personal injury, illness, property damage, theft, burglary, data loss, missed or failed calls or messages, fraud or disputes between users. Clinket’s total liability for all claims combined will not exceed CAD 100 or the amount you paid directly to Clinket (excluding amounts paid to or for the benefit of Providers) in the three months before the claim, whichever is lower.

Nothing in these Terms limits any liability that cannot be limited under applicable law, including (i) liability that cannot be excluded or limited under article 1474 of the Civil Code of Québec — namely, liability for material injury caused through an intentional or gross fault, and liability for bodily or moral injury, in either case where Quebec law applies; and (ii) liability under any other mandatory consumer protection law of the province or territory where you live.

27. Indemnity

You agree to indemnify, defend and hold harmless Clinket, its affiliates and their officers, directors, employees, contractors and agents from and against all claims, losses, damages, fines, administrative monetary penalties, liabilities, costs and expenses (including reasonable lawyers’ fees) arising out of or relating to your Content; your conduct; the services you offer or receive; your use of the AI Assistant, Outbound calls, messages or handouts, including any claim that a call, recording or message you made or caused to be made broke the Unsolicited Telecommunications Rules, CASL, privacy law or similar laws; any permission or confirmation you gave that was not valid; your failure to comply with the law; or your breach of these Terms. This Section does not apply to a consumer to the extent prohibited by applicable mandatory law (including, in Quebec, article 1474 of the Civil Code of Québec and the Quebec Consumer Protection Act).

28. Quebec-Specific Provisions

If you live in Quebec, the following provisions apply in addition to the rest of these Terms and prevail over any inconsistent provision:

Language. A French-language version of these Terms is available to you and was presented to you before your acceptance. You acknowledge that you had the opportunity to receive and review the French version and have expressly requested that these Terms and all related documents be drawn up in English. Vous reconnaissez avoir eu la possibilité de recevoir et d’examiner la version française et avoir expressément demandé que ces Conditions et tous les documents qui y sont liés soient rédigés en anglais. If you did not make that request, the French version of these Terms governs.
Unilateral amendments. If Clinket changes a stipulation of a contract involving sequential performance for a service provided at a distance, Clinket will give you at least thirty (30) days’ prior written notice, drawn up separately, setting out the new or amended clause and the clause as it read before, the date the change takes effect and your right, where the change increases your obligations or reduces Clinket’s obligations, to refuse the change and cancel the contract without cost, penalty or cancellation indemnity by notice to Clinket within thirty (30) days after the change takes effect, as required by the Quebec Consumer Protection Act, CQLR c. P-40.1.
Consumer rights. Nothing in these Terms excludes or limits a right or warranty that the Quebec Consumer Protection Act gives a consumer, or releases Clinket from the consequences of its own act or the act of its representatives where that Act prohibits it.
Liability. Nothing in these Terms excludes or limits Clinket’s liability for material injury caused through intentional or gross fault, or for bodily or moral injury, in accordance with article 1474 of the Civil Code of Québec.
Privacy. Our Privacy Policy explains how we protect personal information under Quebec’s Act respecting the protection of personal information in the private sector. You can reach the person in charge of the protection of personal information at legal@clinket.com.
Forum. A Quebec resident may bring proceedings before the courts of Quebec, notwithstanding Section 29.

29. Governing Law and Disputes

These Terms are governed by the laws of the province or territory where you live and the federal laws of Canada that apply there, without regard to conflict-of-law principles. For Quebec residents, the Civil Code of Québec and the Quebec Consumer Protection Act apply where they would otherwise apply by operation of law. Before going to court, please contact us at legal@clinket.com so that we can try to resolve the issue informally. Any dispute that is not resolved may be brought before the courts of the province or territory where you live.

30. General Terms

Electronic communications. You agree that we may give you notices and agreements electronically, by email, in the app or on the Platform, and that they satisfy any requirement that they be in writing, except where the law requires another form.
Service availability. The Platform depends on phone carriers, messaging services, payment processors, cloud and AI providers and other third parties. Clinket is not responsible for delays or failures caused by events beyond its reasonable control (superior force).
Entire agreement and severability. These Terms, with the policies they refer to and any terms shown when you buy a paid service, are the whole agreement between you and Clinket about the Platform. If any part is found unenforceable, the rest remains in effect.
No waiver and assignment. Our failure to enforce a right is not a waiver of it. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets, or to an affiliate.

31. Changes to These Terms

Clinket may update these Terms from time to time, for example to reflect new features or changes in the law. When we make changes, you will be asked to review and accept the updated Terms before you continue to use the Platform. Your continued use after you accept them means you agree to the revised Terms. For Quebec residents, see also Section 28.

32. Contact

Email: legal@clinket.com • Support: support@clinket.com